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Planning appeal decision

Notice varied and upheld4 November 20213267988

The Land on the East Side of Sandy Lane, West Thurrock, Grays, RM16 4LS

Planning appeal 3267988 at The Land on the East Side of Sandy Lane, West Thurrock, Grays, RM16 4LS (Thurrock Borough Council) was allowed in part (a split decision) on 4 November 2021 by Inspector Lewis D, by written representations. The main issue, as the Inspector framed it: Whether the development took place before 28 January 2011 and whether the use of the land for storage continued thereafter without any substantial interruption for a period of ten years.

i. Without planning permission the material change of use of the Land to B8 storage use. ii. The unauthorised development of the creation of hardstanding to facilitate the unauthorised change of use to B8 storage use

Authority
Thurrock Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Whether the development took place before 28 January 2011 and whether the use of the land for storage continued thereafter without any substantial interruption for a period of ten years
  • Whether the compliance periods stated in the notice are reasonable

What decided it

The appellant failed to demonstrate on the balance of probability that a material change of use to B8 storage use took place before 28 January 2011 and continued without substantial interruption for ten years, as evidenced by the 2005 enforcement notice requiring removal of stables and kennels and the subsequent return of the land to pasture by 2009.

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More decisions in Thurrock

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.

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