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Notice varied and upheld14 December 20223284673

(Plot A) The Land Known As Chafford Park Farm, Aveley Road, Upminster, RM14 2TE

Planning appeal 3284673 at (Plot A) The Land Known As Chafford Park Farm, Aveley Road, Upminster, RM14 2TE (London Borough of Havering) was allowed in part (a split decision) on 14 December 2022 by Inspector Peerless K, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged to be a breach of planning control have taken place as a matter of fact.

i. Within the last 10 years the unauthorised material change of uses of Plot A (shown hatched on the plan attached to the enforcement notice) from use connected with the servicing, repair, rebuilding, dismantling, spraying and parking of motor vehicles to a use as a scaffolding yard including storage and maintenance of scaffolding equipment and administration offices for the business. ii. Within the last 4 years, unauthorised operational development of Plot A (shown hatched on the plan attached to the enforcement notice) in the form of the erection of sheds and fencing using metal corrugated sheets exceeding 5m high, racking erected using scaffolding poles and corrugated sheets, the siting of metal containers, and siting of portable buildings

Authority
London Borough of Havering
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Peerless K
Postcode
RM14 2TE

Main issues, as the Inspector framed them

  • Whether the matters alleged to be a breach of planning control have taken place as a matter of fact
  • Whether the developments that constitute those matters are a breach of planning control
  • Whether the developments are immune from planning enforcement through the passage of time
  • Whether the developments would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and relevant development plan policies
  • The effect of the developments on the openness of the Green Belt and the character and appearance of the area
  • Whether any harm by reason of inappropriateness and any other harm would be clearly outweighed by other considerations so as to amount to very special circumstances
  • Whether the steps required to be taken by the notice exceed what is required to rectify the breach of planning control
  • Whether the time for compliance is reasonable

What decided it

The cumulative impact of the mixed use on the openness of the Green Belt, with significantly increased site coverage and height of external storage compared to the original authorised B2 use, constituted inappropriate development for which no very special circumstances were demonstrated.

What the Inspector cited

Development plan policies
London Borough of Havering Local Plan 2016-2031
National Planning Policy Framework
Paragraph 150

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 London Borough of Havering

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

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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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