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Quashed On Legal Grounds11 January 20233287628

Land Adjacent 94 Eastwood Rise, Eastwood, Leigh-on-Sea, Essex, SS9 5BU

Planning appeal 3287628 at Land Adjacent 94 Eastwood Rise, Eastwood, Leigh-on-Sea, Essex, SS9 5BU (Rochford District Council) was decided (quashed on legal grounds) on 11 January 2023 by Inspector Fleming D, following a hearing. The main issue, as the Inspector framed it: The effect of the material change of use on the character and appearance of the area.

Material change of use of land to use as domestic garden and erection of a 1.8 metre high close boarded timber fence enclosing the land

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Fleming D
Postcode
SS9 5BU

Main issues, as the Inspector framed them

  • The effect of the material change of use on the character and appearance of the area.

What decided it

The finding that Nore Road East is not a highway (making the fence lawful permitted development) combined with the conclusion that the change of use to domestic garden caused only limited harm and no conflict with the development plan.

the limited harm from the loss of one tree was insufficient, on balance, to conclude that the new use as domestic garden was unacceptable

What the Inspector cited

Development plan policies
Policy CP1Policy DM1Policy DM25Policy DM26
Judgments
Murfitt v SSE [1980] JPL 598; Mansi v Elstree RDC [1964] 16 P and CR 153; Southend County Court Case No. DOOSS461 dated 22 July 2020

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.

See how each was applied

The decision letter

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More decisions in Rochford

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

  1. Quashed On Legal Grounds2 September 20263375598
    Lime House The Drive, Rayleigh, SS6 8XA
  2. Notice varied and upheld2 September 20263372996
    Land at Limehouse Nursery (Also Known As 401 Eastwood Road), The Drive, Rayleigh, Essex, SS6 7LJ
  3. Dismissed19 November 20253335755
    Clovelly Chelmsford Road, Rawreth, Wickford, SS11 8SY
  4. Notice varied and upheld30 October 20253326097
    Land at 256 Daws Heath Road, Rayleigh, Essex, SS6 7NP
  5. Split Decision14 November 20243326164
    Brooklands Farm, Apton Hall Road, Canewdon, Rochford, SS4 3RG

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.