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Notice upheld15 July 20213266170

Tylers Cross Nursery, Tylers Road, Roydon, Essex, EN9 2DH

Planning appeal 3266170 at Tylers Cross Nursery, Tylers Road, Roydon, Essex, EN9 2DH (Epping Forest District Council) was dismissed on 15 July 2021 by Inspector Merrett R, by written representations. The main issue, as the Inspector framed it: whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and development plan policy.

Without planning permission: erection of a gate over 1m high adjacent to a highway

Authority
Epping Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Merrett R
Postcode
EN9 2DH

Main issues, as the Inspector framed them

  • whether the development would be inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework and development plan policy
  • the effect of the development on the openness of the Green Belt
  • the effect of the development on the character and appearance of the area
  • if the development is inappropriate, whether the harm to the Green Belt by way of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development

What decided it

The gates constitute inappropriate development in the Green Belt with no very special circumstances to justify them, and the harm to openness and character and appearance is not outweighed by the appellant's security concerns.

the harm to the Green Belt by way of inappropriateness and to its openness, together with significant harm to character and appearance, was not outweighed by the appellant's security and fly-tipping concerns

What the Inspector cited

Development plan policies
Policy DBE4Policy CP2Policy GB2APolicy GB7APolicy DM4
National Planning Policy Framework
Paragraph 133Paragraph 134Paragraph 143Paragraph 145

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.

See how each was applied

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. Dismissed28 October 20266011400
    Larksmead Nursery, St Leonards Road, Nazeing, EN9 2HQ
  2. Allowed27 October 20266008413
    Sparks Farm, Nine Ashes Road, Nine Ashes, CM4 0JZ
  3. Dismissed26 October 20266008699
    Denver Lodge, Waltham Road, Nazeing, EN9 2EB
  4. Dismissed23 October 20266013055
    Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
  5. Dismissed21 October 20266010759
    Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

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.