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Split Decision13 September 20223265903

Land Known As St Ninians, Alexander Lane, Hutton, Essex, CM13 1AG

Planning appeal 3265903 at Land Known As St Ninians, Alexander Lane, Hutton, Essex, CM13 1AG (Brentwood Borough Council) was allowed in part (a split decision) on 13 September 2022 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice should be upheld, varied or quashed under section 174(2)(a) of the Act.

without planning permission, the unauthorised erection of a balcony not in accordance with drawing 13/23/03/C associated with approved planning permission 17/01195/FUL, within the development of St Ninians shown within the area etched in RED on the attached site plan (“Appendix 1”)

Authority
Brentwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Douglas L
Postcode
CM13 1AG

Main issues, as the Inspector framed them

  • Whether the enforcement notice should be upheld, varied or quashed under section 174(2)(a) of the Act
  • Whether the period for compliance specified in the notice falls short of what should reasonably be allowed under section 174(2)(g) of the Act

What decided it

The unauthorised balcony had been removed before determination of the appeal, eliminating the breach of planning control and the alleged harm to neighbours' living conditions, which justified extending the compliance period from 6 weeks to 3 months.

The decision letter

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More decisions in Brentwood

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

  1. Dismissed17 September 20263369334
    Old Goat Yard, Land To West Of Days Lane, Doddinghurst Road, Doddinghurst, Essex, CM15 0RZ
  2. Planning permission granted3 October 20243333940
    Craigilea Chivers Road, Stondon Massey, Brentwood, CM15 0LJ
  3. Quashed On Legal Grounds13 May 20243333784
    Fantails, Hook End Road, Brentwood, Essex, CM15 0HB
  4. Notice upheld28 June 20233288468
    Land Known As 9 Shenfield Road, Brentwood, Essex, CM15 8AH
  5. Notice varied and upheld27 March 20233264545
    Hunts Farm, Old Church Lane, Mountnessing, Brentwood, Essex, CM13 1UR

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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