®Planning appeal decision
Ringdoves , Goldsands Road, Southminster, Essex, CM0 7JR
Planning appeal 3263594 at Ringdoves , Goldsands Road, Southminster, Essex, CM0 7JR (Maldon District Council) was allowed on 22 December 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the mobile home comprises development for the purposes of Section 55 of the Town and Country Planning Act 1990 (as amended) and if so, whether at the date of the application the Council was too late to take enforcement action.
use of the land for the stationing of a mobile home for use ancillary to the residential dwelling known as Ringdoves, Goldsands Road, Southminster CM0 7JR
- Authority
- Maldon District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Savage M
- Postcode
- CM0 7JR
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded, turning on whether the mobile home comprises development for the purposes of Section 55 of the Town and Country Planning Act 1990 (as amended) and if so, whether at the date of the application the Council was too late to take enforcement action
What decided it
The mobile home was a caravan capable of being moved and its use was ancillary to and functionally linked with the main dwelling, forming part of the same planning unit, such that no material change of use occurred and no planning permission was required.
What the Inspector cited
- Judgments
- Cardiff Rating Authority v Guest Keen Baldwin's Iron & Steel Co Ltd [1949] 1 KB 385; Skerritts of Nottingham Ltd v SSETR (No 2) [2000] JPL 1025; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Gravesham BC v SSE [1982] 47&CR 142; Skerritts of Nottingham Ltd v SSETR & Harrow LBC [2000] EWCA Civ 5569; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Challenge Fencing Ltd v SSHCLG & Elmbridge BC [2019] EWHC 553 (Admin)
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Maldon
The authority’s record since 2016 · every decision in 2021
- Dismissed29 October 20266011264Rosary, Grange Road, Tillingham, CM0 7UR
- Dismissed16 October 20266009926Agricultural Building At Wraywick Farm, The Marshes, Southminster, CM0 7JN
- Dismissed14 October 20266009639Land Adjacent Howells Farm Cottages, Maypole Road, Great Totham, CM9 4SY
- Allowed16 September 2026601290643 Main Road, St Lawrence, Chelmsford, CM0 7LY
- Allowed18 August 20266005664Land West of Spratts Farm, Queenborough Road, Southminster, CM0 7AD
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.