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Planning appeal decision

Notice varied and upheld19 August 20223276406

Land and Premises at 179 Sheppey Road, Dagenham, RM9 4JS

Planning appeal 3276406 at Land and Premises at 179 Sheppey Road, Dagenham, RM9 4JS (London Borough of Barking and Dagenham Council) was allowed in part (a split decision) on 19 August 2022 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control, specifically whether the outbuilding was erected as a building incidental to the enjoyment of the dwellinghouse under Class E of the GPDO and whether its height complies with the relevant limitations.

without planning permission, the erection and unauthorised use of an outbuilding in the rear garden

Authority
London Borough of Barking and Dagenham Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Douglas L
Postcode
RM9 4JS

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control, specifically whether the outbuilding was erected as a building incidental to the enjoyment of the dwellinghouse under Class E of the GPDO and whether its height complies with the relevant limitations

What decided it

The appellant failed to demonstrate that the building was erected with the benefit of permitted development rights under Class E of the GPDO, both because its initial use and purpose were not evidenced and because its height exceeded 2.5 metres when measured from the true ground level.

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More decisions in London Borough of Barking and Dagenham Council

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

  1. Notice varied and upheld11 June 20263347715
    Land on the South Eastern Side of Collier Row Road , Romford , Essex , RM5 2BH
  2. Notice varied and upheld27 March 20263340354
    197 Broad Street, Dagenham, RM10 9JD
  3. Planning permission granted25 March 20263341191
    247 Downing Road, Dagenham, RM9 6LU
  4. Notice upheld17 March 20263332937
    56 Kings Avenue, Romford, RM6 6BB
  5. Notice upheld16 March 20263332931
    532 Becontree Avenue, Dagenham, RM8 3HR

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.

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