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Planning appeal decision

Notice varied and upheld1 October 20213276777

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

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

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 main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.