®Planning appeal decision
Land Rear of 128 Rawreth Lane, Rayleigh, Essex, SS6 9RR
Planning appeal 3275229 at Land Rear of 128 Rawreth Lane, Rayleigh, Essex, SS6 9RR (Rochford District Council) was allowed in part (a split decision) on 17 January 2023 by Inspector Whitfield J, following an inquiry. The main issue, as the Inspector framed it: Whether the alleged material change of use amounted to development for the purposes of the Act (Appeal A, ground (c)).
residential development comprising two detached dwellings (outline planning application – all matters reserved)
- Authority
- Rochford District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Whitfield J
Main issues, as the Inspector framed them
- Whether the alleged material change of use amounted to development for the purposes of the Act (Appeal A, ground (c))
- Whether the proposed development is inappropriate development in the Green Belt and, if so, whether the harm to the Green Belt and any other harm is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify it, including the effect on the openness of the Green Belt and the integrity of the Crouch and Roach Estuaries European sites (Appeal B)
What decided it
The genuine fallback position of an unrestricted Class B8 storage use, which the Inspector found would cause greater Green Belt and residential amenity harm than the proposed dwellings, combined with a planning obligation securing cessation of that use, was found to amount to very special circumstances outweighing the Green Belt harm.
the harm from inappropriate development and moderate harm to Green Belt openness was clearly outweighed by other considerations — principally the fallback Class B8 storage use (afforded very substantial weight) and its secured cessation by planning obligation — amounting to very special circumstances justifying the development.
What the Inspector cited
- Development plan policies
- Policy GB1Policy ENV1Policy DM27
- National Planning Policy Framework
- Paragraph 147Paragraph 148Paragraph 149Paragraph 150Paragraph 137Paragraph 54
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Rochford
The authority’s record since 2016 · every decision in 2023
- Dismissed1 October 20266008122Milan Villa, Hyde Wood Lane , Canewdon, Rochford, SS4 3RR
- Quashed On Legal Grounds2 September 20263375598Lime House The Drive, Rayleigh, SS6 8XA
- Notice varied and upheld2 September 20263372996Land at Limehouse Nursery (Also Known As 401 Eastwood Road), The Drive, Rayleigh, Essex, SS6 7LJ
- Dismissed24 July 202660081134 Mortimer Road, Rayleigh, SS6 9NX
- Allowed9 July 202660048639 College Gardens, Rochford, SS4 1YL
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.