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Planning appeal decision

Notice upheld17 August 20223274955

Land Adjacent to Waldegraves Lane (at Junction With Chapmans Lane and East Road), West Mersea, Colchester, Essex, C05 8SE

Planning appeal 3274955 at Land Adjacent to Waldegraves Lane (at Junction With Chapmans Lane and East Road), West Mersea, Colchester, Essex, C05 8SE (Colchester Borough Council) was dismissed on 17 August 2022 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Whether the continued use of the site for the display of the advertisement with deemed consent would be substantially injurious to amenity.

Display of an advertisement with deemed consent at a roadside location

Authority
Colchester Borough Council
Appeal type
other · Advert Discontinuance
Procedure
Written Representations
Development
advertisement · Minor retail and services
Inspector
King T
Postcode
CO5 8SE

Main issues, as the Inspector framed them

  • Whether the continued use of the site for the display of the advertisement with deemed consent would be substantially injurious to amenity

What decided it

The sign's misleading impression that it marks an effective boundary between the rural area and the Parks, combined with its prominence in an isolated rural setting, results in substantial injury to amenity contrary to the strict test required for discontinuance notices.

What the Inspector cited

Development plan policies
Colchester Local Development Framework Core Strategy
National Planning Policy Framework
Paragraph 136

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 applied

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2022

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  3. Dismissed3 October 20253369220
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  4. Notice upheld28 February 20253317107
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  5. Allowed6 September 20243334157
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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.

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.