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Planning appeal decision

Quashed On Legal Grounds6 September 20223270102

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.