®Planning appeal decision
The Barn, Steeple Road, Mayland, Essex, CM3 6EG
Planning appeal 3266187 at The Barn, Steeple Road, Mayland, Essex, CM3 6EG (Maldon District Council) was dismissed on 5 August 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse a certificate of lawful use or development was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Article 3(1) and Class E(a) and Class F(a) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015.
Form [sic], within the curtilage of the premises a fenced enclosure to provide a drained all- weather surfaced area for exercising horses incidental to the [sic] of the occupation of the premises as a residential house
- Authority
- Maldon District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Savage M
- Postcode
- CM3 6EG
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse a certificate of lawful use or development was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Article 3(1) and Class E(a) and Class F(a) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development)(England) Order 2015
What decided it
The proposed all-weather surfaced area, by reason of its scale, distance from the dwelling, and functional separation by fencing, would not be reasonably required or necessary for the keeping of horses and therefore would not be incidental to the enjoyment of the dwellinghouse as required by the GPDO.
What the Inspector cited
- Judgments
- Emin v SSE & Mid Sussex DC [1989] JPL 909; Wallington v SoS for Wales [1990]; Holding v FSS [2004]; Croydon LBC v Gladden [1994]; Peche d'or Investments v SSE [1996]
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 appliedThe decision letter
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With an account
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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.