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Planning appeal decision

Notice varied and upheld31 January 20223277551

Land at Escape Rooms Suffolk, Unit 1 Harlequin Business Park, Mildenhall Drove, Kenny Hill, IP28 8DS

Planning appeal 3277551 at Land at Escape Rooms Suffolk, Unit 1 Harlequin Business Park, Mildenhall Drove, Kenny Hill, IP28 8DS (West Suffolk) was allowed in part (a split decision) on 31 January 2022 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether the matters specified in the enforcement notice have occurred (ground b).

without planning permission, the change of use to a mixed use of residential accommodation and escape room at Unit 1 Harlequin Business Park, Mildenhall Drove, Kenny Hill IP28 8DS in the approximate position marked with a cross on the attached plan

Authority
West Suffolk
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Dyer S
Postcode
IP28 8DS

Main issues, as the Inspector framed them

  • Whether the matters specified in the enforcement notice have occurred (ground b)
  • Whether the breach is immune from enforcement action by virtue of duration (ground d)
  • Whether the requirements of the notice exceed what is necessary (ground f)
  • Whether the compliance period is reasonable (ground g)

What decided it

The appellant failed to demonstrate that the residential and escape room uses were functionally separate planning units, and the mixed use had not been in operation for the 10-year immunity period, but the compliance period was extended to 12 months as reasonable.

The decision letter

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More decisions in West Suffolk

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

  1. Planning permission granted20 March 20263374713
    Land Adjacent to Duke of Marlborough, Bury Road, Hepworth, Suffolk, IP22 2PX
  2. Dismissed1 March 20243313634
    Unit 1, Harlequin Business Park, Kenny Hill, Bury St. Edmunds, IP28 8DS
  3. Notice upheld17 April 20233283069
    Land North East of North End Road, North End Road, Exning, Suffolk, CB8 7PD
  4. Allowed6 March 20233306069
    26 Angel Hill, Bury St Edmunds, Suffolk, IP33 1UZ
  5. Notice upheld7 February 20223280109
    The Barn, Wickhambrook, Newmarket, Suffolk, CB8 8PY

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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