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Split Decision29 April 20223263700

Colne Commercials Ltd, 136 Colchester Road, White Colne, Colchester, Essex, CO6 2PP

Planning appeal 3263700 at Colne Commercials Ltd, 136 Colchester Road, White Colne, Colchester, Essex, CO6 2PP (Braintree District Council) was allowed in part (a split decision) on 29 April 2022 by Inspector Whitfield J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice meets the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4(a) of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002.

Installation of steel mesh fencing and matching gates to a maximum height of 1.9 metres covering the site frontage adjacent to the highway

Authority
Braintree District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Whitfield J
Postcode
CO6 2PP

Main issues, as the Inspector framed them

  • Whether the enforcement notice meets the statutory requirements of section 173(10) of the Town and Country Planning Act 1990 and Regulation 4(a) of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002

What decided it

The enforcement notice failed to meet the statutory requirement to specify the reason why the LPA considered it expedient to issue the notice and how the development conflicted with development plan policies, rendering it a nullity.

The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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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