Land at Rustic Dene, Parkwood, Doddinghurst Road, Doddinghurst, Essex, CM15 0SN

Planning appeal 3265150 at Land at Rustic Dene, Parkwood, Doddinghurst Road, Doddinghurst, Essex, CM15 0SN (Brentwood Borough Council) was decided (quashed on legal grounds) on 10 December 2021 by Inspector Walker A, following an inquiry. The main issue, as the Inspector framed it: Whether it was not possible for the Council to take enforcement action on the date the notice was issued (ground (d)).

without planning p ermission, the creation of an additional separate primary self-contained residential dwelling house known as Malaika House ie planning unit within the existing residential curtilage of the land known as Rustic Dene, shown edged in red for identification purposes only on the plan attached to the notice

Authority: Brentwood Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Minor Dwellings
Inspector: Walker A
Postcode: CM15 0SN

Main issues, as the Inspector framed them

Whether it was not possible for the Council to take enforcement action on the date the notice was issued (ground (d))

What decided it

The appellant established, on the balance of probabilities, that Malaika House had been continuously used as a separate, self-contained dwelling for more than four years before the enforcement notice was issued, rendering enforcement action time-barred.

What the Inspector cited

Judgments: Gravesham BC v SSE & O’Brien [1982] 47 P&CR 142; [1983] JPL 307; Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207

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

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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.