The Buildings and Associated Land at 105 Burnham Road, Land Providing Access to 101 & 103 Burnham Road, Dartford, Kent, DA1 5AZ

Planning appeal 3279284 at The Buildings and Associated Land at 105 Burnham Road, Land Providing Access to 101 & 103 Burnham Road, Dartford, Kent, DA1 5AZ (Dartford Borough Council) was allowed in part (a split decision) on 20 May 2022 by Inspector Peerless K, by written representations. The main issue, as the Inspector framed it: on ground (a), the effect of the development on the living conditions of local residents and on the free flow of traffic in Chatsworth Road.

the material change of use of the land from a Class E(c)(ii)(commercial) of Schedule 2 of the Town and Country Use Classes Order1987 (as amended) to a mixed use comprising Classes E(c)(ii) and B2 general industrial (vehicle repairs workshop)

Authority: Dartford Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: employment-industrial · Change of use
Inspector: Peerless K
Postcode: DA1 5AZ

Main issues, as the Inspector framed them

on ground (a), the effect of the development on the living conditions of local residents and on the free flow of traffic in Chatsworth Road
on ground (f), whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control
on ground (g), whether the time for compliance is reasonable

What decided it

The unacceptable noise and disturbance to neighbouring residents caused by the vehicle repair workshop use, combined with inadequate parking provision and highway impacts, meant planning permission could not be granted despite allowing additional time for compliance.

What the Inspector cited

Development plan policies: Policy DP5Policy CS15Policy DP4Policy D3

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

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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.