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Planning appeal decision

Notice varied and upheld11 January 20233272482

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

Planning appeal 3272482 at Land at The Cottage, The Street, St James South Elmham, Suffolk, IP19 0HL (Suffolk County Council) was allowed in part (a split decision) on 11 January 2023 by Inspector Lewis D, by written representations. The main issue, as the Inspector framed it: Whether the alleged material change of use constitutes a breach of planning control.

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
Postcode
IP19 0HL

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 decision letter

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More decisions in Suffolk County Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld11 January 20233272484
    Land at Laurel Farm, The Street, St James South Elmham, Suffolk, IP19 0HL
  2. Planning permission granted8 April 20223268764
    Land at Poplar Farm, Bedfield Road, Worlingworth, Suffolk, IP13 7LR
  3. Allowed23 June 20213252073
    Ley Plant Limited, Sandpit Lane, Beccles , NR34 7TH
  4. Unknown4 December 20253372874
    Land at Doric Lane, Woodbridge, Suffolk
  5. Unknown25 September 20253351478
    Six Tree Road, Icklingham, Suffolk, IP28 6PX

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.