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Planning appeal decision

Notice varied and upheld27 March 20233264545

Hunts Farm, Old Church Lane, Mountnessing, Brentwood, Essex, CM13 1UR

Planning appeal 3264545 at Hunts Farm, Old Church Lane, Mountnessing, Brentwood, Essex, CM13 1UR (Brentwood Borough Council) was allowed in part (a split decision) on 27 March 2023 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Appeal A ground (b): whether the alleged breaches have occurred as a matter of fact.

described on the application form as ‘Removal of existing 2 bedroomed caravan with the benefit of lawful use and the retention of existing one bedroomed residential annexe to the main residence

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
King T
Postcode
CM13 1UR

Main issues, as the Inspector framed them

  • Appeal A ground (b): whether the alleged breaches have occurred as a matter of fact
  • Appeal A ground (c): whether planning permission is required for the lawful continuation or retention of the uses and associated operational development
  • Appeal A ground (f): whether the steps for compliance go beyond what is necessary to remedy the harm
  • Appeal A ground (g): whether the time periods for compliance are unreasonably short
  • Appeal B: whether the development is inappropriate development within the Green Belt and if so the effect on its openness; any other resultant harm; and if inappropriate, whether the harm is clearly outweighed by other considerations amounting to very special circumstances

What decided it

Appeal A: the enforcement notice was upheld with corrections and extended compliance periods. Appeal B: the very special circumstances arising from the removal of the two-bedroom mobile home and the minimal impact on Green Belt openness justified the retention of the one-bedroom residential annexe.

What the Inspector cited

Development plan policies
MG02BE14
National Planning Policy Framework
Paragraph 148Paragraph 150

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 Brentwood

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

  1. Allowed7 October 20266009911
    Place Farm, Place Farm Lane, Doddinghurst, CM15 0JA
  2. Dismissed7 October 20266008911
    Pumping Station Cottage, Great Warley Street, Brentwood, CM13 3JR
  3. Allowed28 September 20266009849
    Land Adj to Grassmere, Horseman Side, Navestock, CM14 5SU
  4. Dismissed17 September 20263369334
    Old Goat Yard, Land To West Of Days Lane, Doddinghurst Road, Doddinghurst, Essex, CM15 0RZ
  5. Dismissed26 August 20266012008
    Wilwyn, Chelmsford Road, Blackmore, CM4 0DS

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.