Meadgate Works, Meadgate Road, Nazeing, Essex, EN9 2PD

Planning appeal 3257300 at Meadgate Works, Meadgate Road, Nazeing, Essex, EN9 2PD (Epping Forest District Council) was allowed on 13 November 2023 by Inspector Saward K, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action.

Use of the factory for the carrying out of work for the manufacture of building blocks between the hours of 5am and 12am Monday to Saturday (excluding Bank Holidays) contrary to condition 4 of planning permission EPF/361/90

Authority: Epping Forest District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: employment-industrial · Major general industry/storage/warehousing
Inspector: Saward K
Postcode: EN9 2PD

Main issues, as the Inspector framed them

Whether the Council's refusal to issue a certificate of lawful use or development was well-founded, turning on whether the appellant can demonstrate that the condition has been breached continuously for a 10-year period without significant interruption so as to be immune from enforcement action

What decided it

The credible and consistent testimony of two long-serving employees (since 1991 and 1993 respectively) that the factory had operated continuously between 5am and 12am Monday to Saturday throughout their employment, corroborated by batch system data covering 2002-2017, was sufficient to establish on the balance of probabilities that the 10-year immunity period had accrued.

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.