®Planning appeal decision
Land at Fishing Lakes, Toppesfield Road, Great Yeldham, Essex, CO9 4HB
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
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.
Plan policies cited: Policy LPP 1, Policy LPP 38, Policy LPP 52, Policy LPP 67, Policy LPP 74
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.