®Planning appeal decision
101 Feenan Highway, Tilbury, RM18 8EX
Planning appeal 3274483 at 101 Feenan Highway, Tilbury, RM18 8EX (Thurrock Borough Council) was allowed on 30 November 2021 by Inspector Shields T, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed outbuilding would benefit from permitted development under Article 3(1) and Class E, Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015.
Outbuilding in the rear garden comprising storage room, study, and gymnasium, for purposes incidental to the enjoyment of the dwellinghouse
- Authority
- Thurrock Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Shields T
- Postcode
- RM18 8EX
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed outbuilding would benefit from permitted development under Article 3(1) and Class E, Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015
What decided it
The proposed outbuilding, containing only domestic storage, study, and gymnasium uses with no primary living accommodation, meets the requirement under Class E(a) of the GPDO that it be reasonably required for purposes incidental and subordinate to the enjoyment of the dwellinghouse.
What the Inspector cited
- Judgments
- Emin v SSE and Mid-Sussex District Council [1989] 58 P & CR 416
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.