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Planning appeal decision

Notice varied and upheld1 October 20213276777

1 London Road, Marks Tey, Colchester, Essex, CO6 1DZ

Planning appeal 3276777 at 1 London Road, Marks Tey, Colchester, Essex, CO6 1DZ (Colchester Borough Council) was allowed in part (a split decision) on 1 October 2021 by Inspector Savage M, 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.

without the benefit of planning permission, the material change of use of part residential garden land to a mixed use for (1) mountain bike purposes and (2) use for motorised sport and practicing for such, including engineering operations/excavation, and the creation of tracks, jumps, ramps and scaffolding towers. (“the Activity”)

Authority
Colchester Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Savage M
Postcode
CO6 1DZ

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control
  • Whether the steps required by the notice exceed what is necessary to remedy any breach of planning control

What decided it

The activities constituted a material change of use from residential garden to a leisure/sports training facility that was not incidental to the enjoyment of the dwellinghouse, and the enforcement notice's requirements to remedy this breach were partially excessive.

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2021

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  5. Notice varied and upheld12 February 20263338044
    84 Coggeshall Road, Marks Tey, Colchester, CO6 1LS

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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