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Dismissed26 April 20233282463

Ivanhoe Nurseries , Ironwell Lane, Hockley, SS5 4JY

Planning appeal 3282463 at Ivanhoe Nurseries , Ironwell Lane, Hockley, SS5 4JY (Rochford District Council) was dismissed on 26 April 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Appeal A: whether or not the Council's deemed refusal of the LDC application was well-founded.

the change of use of an agriculture building to dwellings class Q(a) only

Authority
Rochford District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major general industry/storage/warehousing
Inspector
Walker A
Postcode
SS5 4JY

Main issues, as the Inspector framed them

  • Appeal A: whether or not the Council's deemed refusal of the LDC application was well-founded
  • Appeal B: whether or not the proposed development would be granted planning permission by Article 3(1), Schedule 2, Part 3, Class Q.(b) of the GPDO

What decided it

Appeal A: the use had commenced before the certificate of lawful use application was made, which is a legal bar to certification under section 192(1)(a). Appeal B: the extent of demolition required exceeds the incidental works permitted under Class Q.(b) of the GPDO.

The decision letter

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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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