Town Planner Pro
Search appeal decisions

Planning appeal decision

Notice varied and upheld11 January 20233272482

Land at The Cottage, The Street, St James South Elmham, Suffolk, IP19 0HL

Without planning permission, the unauthorised change of use from the permitted established mixed use of residential/agriculture/'builders' yard, and as a base for a plant hire operation and use as a 'haulage yard', (as allowed at appeal 5th November 1997 and cross hatched on the attached plan), to a mixed residential/agriculture/industrial (B2)/sui generis use including a waste transfer station, with the sorting and processing of inert waste and storage of waste, comprising of wood, building and demolition waste

Authority
Suffolk County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Change of use
Inspector
Lewis D

Main issues, as the Inspector framed them

  • Whether the alleged material change of use constitutes a breach of planning control
  • Whether the unauthorised mixed use has become immune from enforcement action by passage of time
  • Whether the requirements of the notice are excessive
  • Whether the periods for compliance are reasonable

What decided it

The substantial evidence of waste materials being deposited, stored and processed on the land in large volumes from 2017 onwards constituted a material change of use to a waste transfer facility as a primary use, for which no planning permission had been granted.

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.