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Planning appeal decision

Notice varied and upheld5 July 20213260873

The Bumbles Mill Green Road, Mill Green, Ingatestone, Essex, CM4 0PT

Planning appeal 3260873 at The Bumbles Mill Green Road, Mill Green, Ingatestone, Essex, CM4 0PT (Brentwood Borough Council) was allowed in part (a split decision) on 5 July 2021 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred (ground b).

without planning permission, the erection of an unauthorised residential dwelling/building and associated hardstanding within the curtilage of The Bumbles, shown for the purposes of identification only in the approximate position hatched in black on the attached site plan (see also attached site photo of the building, marked as “Appendix 1

Authority
Brentwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dyer S
Postcode
CM4 0PT

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred (ground b)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach of planning control (ground f)
  • Whether the period specified for compliance falls short of what should reasonably be allowed (ground g)

What decided it

The breach of planning control—erection of a residential building—can only be remedied by removal of the building, and the appellant failed to provide sufficient evidence to establish temporary occupation under ground (b).

The decision letter

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More decisions in Brentwood

The authority’s record since 2016 · every decision in 2021

  1. Dismissed17 September 20263369334
    Old Goat Yard, Land To West Of Days Lane, Doddinghurst Road, Doddinghurst, Essex, CM15 0RZ
  2. Planning permission granted3 October 20243333940
    Craigilea Chivers Road, Stondon Massey, Brentwood, CM15 0LJ
  3. Quashed On Legal Grounds13 May 20243333784
    Fantails, Hook End Road, Brentwood, Essex, CM15 0HB
  4. Notice upheld28 June 20233288468
    Land Known As 9 Shenfield Road, Brentwood, Essex, CM15 8AH
  5. Notice varied and upheld27 March 20233264545
    Hunts Farm, Old Church Lane, Mountnessing, Brentwood, Essex, CM13 1UR

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.

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