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Quashed On Legal Grounds6 September 20223270102

Park Mews, 5 Military Road, Colchester, CO1 2AA

Planning appeal 3270102 at Park Mews, 5 Military Road, Colchester, CO1 2AA (Colchester Borough Council) was decided (quashed on legal grounds) on 6 September 2022 by Inspector Lewis D, by written representations. The main issue, as the Inspector framed it: Whether a copy of the enforcement notice was served in accordance with section 172(2) of the Town and Country Planning Act 1990 and if not whether substantial prejudice has been caused.

Without the benefit of planning permission, the conversion of 10no flats to 27no bedsit/studio apartments

Authority
Colchester Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Lewis D
Postcode
CO1 2AA

Main issues, as the Inspector framed them

  • Whether a copy of the enforcement notice was served in accordance with section 172(2) of the Town and Country Planning Act 1990 and if not whether substantial prejudice has been caused
  • Whether the matters stated in the alleged breach of planning control have occurred as a matter of fact

What decided it

The enforcement notice failed to specify with sufficient clarity the land where the breach occurred, the alleged breach itself, and the steps required for compliance, and the errors could not be corrected without causing injustice to one party or the other.

The decision letter

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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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