Units B3, B12, B13 and B14, Suttons Business Park, New Road, Rainham, Essex, RM13 8DE

Planning appeal 3263118 at Units B3, B12, B13 and B14, Suttons Business Park, New Road, Rainham, Essex, RM13 8DE (London Borough of Havering) was decided (quashed on legal grounds) on 4 September 2023 by Inspector Preston C, following an inquiry. The main issue, as the Inspector framed it: Whether the enforcement notice was defective or a nullity and whether corrections could be made without causing injustice.

Without planning permission, change of use of the car parking area to a primary use as B2 (General Industrial) and B8 (Storage and Distribution), together with associated operational development including palisade fencing, air conditioning/refrigeration units, a freezer unit, metal containers, waste disposal receptacles and siting of goods

Authority: London Borough of Havering
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Preston C
Postcode: RM13 8DE

Main issues, as the Inspector framed them

Whether the enforcement notice was defective or a nullity and whether corrections could be made without causing injustice
Whether a material change of use of the car parking area to B2/B8 use had occurred (ground (b)/(c))

What decided it

The Inspector found that the external car parking and storage area was ancillary to the primary B2/B8 use of the units under the 1990 permission, so no material change of use had occurred as alleged in the notice.

What the Inspector cited

Judgments: Burdle v SSE (1972) 1 WLR 1207

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2023

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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.