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Planning appeal decision

Notice varied and upheld22 October 20213264151

Unit 2 and Unit 6, St Leonard's Farm,, St Leonard's Road, Nazeing, Essex, EN9 2HG

Planning appeal 3264151 at Unit 2 and Unit 6, St Leonard's Farm,, St Leonard's Road, Nazeing, Essex, EN9 2HG (Epping Forest District Council) was allowed in part (a split decision) on 22 October 2021 by Inspector Griffin E, following a hearing. The main issue, as the Inspector framed it: Whether the matters alleged in the notice constitute a breach of planning control, specifically whether the powder coating use at Units 2 and 6 falls within Class B1(c) (compatible with residential amenity) or amounts to Class B2 use in breach of condition 2.

Alleged failure to comply with condition 2 of planning permission EPF/1343/14 (premises to be used solely for B1 and/or B8) by using Units 2 and 6 for unauthorised B2 powder coating use

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Griffin E
Postcode
EN9 2HG

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice constitute a breach of planning control, specifically whether the powder coating use at Units 2 and 6 falls within Class B1(c) (compatible with residential amenity) or amounts to Class B2 use in breach of condition 2

What decided it

The powder coating use at Units 2 and 6 could not be carried out without detriment to residential amenity by reason of noise and smell, so it did not fall within Class B1(c) and breached condition 2.

What the Inspector cited

Development plan policies
Policy RP5APolicy DBE9

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 Epping Forest District Council

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

  1. Allowed26 August 20266008532
    The Chequers Public House, Matching Green, Harlow, CM17 0PZ
  2. Allowed3 July 20263377436
    Stag Inn, Adjacent to, Brentwood Road, Ongar, Essex, CM5 9DH
  3. Planning permission granted24 June 20263340918
    Hainault Hall, Lambourne Road, Chigwell, Essex, IG7 6JU
  4. Notice varied and upheld30 April 20263334233
    Land at Paslow Common Farm, Ingatestone, Essex, CM4 0JZ
  5. Allowed17 March 20263374583
    Hillside, Vicarage Lane, Chigwell, IG7 6LZ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.