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Planning appeal decision

Notice varied and upheld9 February 20233279849

Land at Fishing Lakes, Toppesfield Road, Great Yeldham, Essex, CO9 4HB

Planning appeal 3279849 at Land at Fishing Lakes, Toppesfield Road, Great Yeldham, Essex, CO9 4HB (Braintree District Council) was allowed in part (a split decision) on 9 February 2023 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether, having regard to national planning policy that seeks to avoid isolated new homes in the countryside, there is an essential need for caravans to accommodate a rural worker on the site.

without planning permission: 1. The material change of use of the land by the unlawful stationing of two mobile homes which are being used for residential purposes. 2. The material change of use of the land by the unlawful siting of a portable outbuilding being used as a commercial kitchen to prepare takeaway food

Authority
Braintree District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Dyer S
Postcode
CO9 4HB

Main issues, as the Inspector framed them

  • Whether, having regard to national planning policy that seeks to avoid isolated new homes in the countryside, there is an essential need for caravans to accommodate a rural worker on the site
  • The effect of the mixed use on the character and appearance of the site and the surrounding area, with particular reference to the erection of an outbuilding for use as a commercial kitchen
  • Whether the mixed use complies with national planning policy which seeks to steer new development away from areas at the highest risk of flooding, with particular reference to the location of the caravans and outbuilding for use as a commercial kitchen

What decided it

The development failed to demonstrate an essential need for residential caravans in the countryside and failed to comply with flood risk policy, with the flood risk issue being incapable of resolution by planning condition given the lack of certainty regarding the adequacy of proposed mitigation measures.

What the Inspector cited

Development plan policies
Policy LPP 1Policy LPP 38Policy LPP 52Policy LPP 67Policy LPP 74

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 Braintree District Council

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

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.