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Planning appeal decision

Notice varied and upheld27 March 20233264545

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

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

Authority
Brentwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
King T

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.

Framework references: 148, 150

Plan policies cited: MG02, BE14

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.