®Planning appeal decision
The Old School, School Lane, High Laver, Ongar, CM5 0EE
Planning appeal 3278107 at The Old School, School Lane, High Laver, Ongar, CM5 0EE (Epping Forest District Council) was decided (quashed on legal grounds) on 23 March 2023 by Inspector King T, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the enforcement notice complies with statutory requirements and is sufficiently precise and unambiguous.
Conversion of an existing building into a one bedroom dwelling. Removal of shed, polytunnels and garage building.’ _________________________________________________________________________ Matters concerning the Enforcement Notice (Appeal A) 1. If an enforcement notice does not comply with the various statutory requirements set out in s173 of the 1990 Act, as amended then it will be a nullity and cannot be saved by the curative powers contained in s176(1). Leaving aside the wording of the notice’s requirements for the moment it appears that the document contains all the relevant entries so as not to disqualify it at the outset. However, the Town and Country Planning (Enforcement Notices and Appeals)(England) Regulations 2 https://www.gov.uk/planning-inspectorate Appeal
- Authority
- Epping Forest District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- King T
Main issues, as the Inspector framed them
- Appeal A: Whether the enforcement notice complies with statutory requirements and is sufficiently precise and unambiguous.
- Appeal B: Whether the development is inappropriate development within the Green Belt and, if so, the effect on its openness.
- Appeal B: Any other resultant harm, with particular regard to the development's effect on the Epping Forest Special Area of Conservation.
- Appeal B: If inappropriate development, whether the harm is clearly outweighed by other considerations so as to amount to very special circumstances.
What decided it
Appeal A: The enforcement notice is invalid due to multiple material errors and ambiguities that cannot be corrected without causing injustice. Appeal B: Failure to demonstrate that the development would not adversely impact the Epping Forest Special Area of Conservation contrary to policy DM2.
What the Inspector cited
- Development plan policies
- DM4DM2GB2AGB7A
- National Planning Policy Framework
- Paragraph 147Paragraph 149Paragraph 138
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.