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Planning appeal decision

Quashed On Legal Grounds23 January 20233277645

Plot 1, Grove Farm, Brentwood, CM14 5NG

Planning appeal 3277645 at Plot 1, Grove Farm, Brentwood, CM14 5NG (London Borough of Havering) was decided (quashed on legal grounds) on 23 January 2023 by Inspector Braithwaite J, following an inquiry. The main issue, as the Inspector framed it: the degree to which the unlawful uses of the land undermine the spatial and visual openness of the Green Belt and conflict with the purposes of including land in the Green Belt.

the material change of use of the land shown on the attached site plan ‘B’ known as ‘Plot 1’ shown edged in black from agricultural use to use for parking of HGV’s including commercial vehicles, tr ailers, cars, caravans, and commercial storage of plant equipment and metal containers

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Braithwaite J
Postcode
CM14 5NG

Main issues, as the Inspector framed them

  • the degree to which the unlawful uses of the land undermine the spatial and visual openness of the Green Belt and conflict with the purposes of including land in the Green Belt
  • their effect on the character and visual amenity of the area
  • other considerations to be weighed against the harm caused by reason of inappropriateness and any other harm in the planning balance to be reached

What decided it

The substantial weight given to the economic and employment benefits of the uses (including the lawfully-supported waste recycling centre) clearly outweighed the identified Green Belt and other harm, amounting to very special circumstances justifying the grant of permission on the ground (a) appeals.

the substantial weight given to economic benefits, employment, policy support for the waste recycling centre and efficient use of land clearly outweighed the harm to the openness and purposes of the Green Belt, so that very special circumstances existed and the development did not conflict with the development plan

What the Inspector cited

Development plan policies
HLP policy 26HLP policy 29LP policy D1LP policy D3LP policy SI 9LP policy SI 8
National Planning Policy Framework
Paragraph 137Paragraph 138Paragraph 147Paragraph 148Paragraph 150

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.

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The decision letter

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2023

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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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