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Quashed On Legal Grounds26 June 20233287791

Land at Rosebud, The Chase, Ashingdon, Essex, SS4 3JE

Planning appeal 3287791 at Land at Rosebud, The Chase, Ashingdon, Essex, SS4 3JE (Rochford District Council) was decided (quashed on legal grounds) on 26 June 2023 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice is valid and, if not, whether it can be corrected or varied under section 176 of the Town and Country Planning Act 1990.

without planning permission, the erection of a wraparound extension as shown hatched on the attached plan 2 and reprofiling and raising the ridge height of the original dwelling matching it to the ridge height of the extension to create habitable roof space

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Dyer S
Postcode
SS4 3JE

Main issues, as the Inspector framed them

  • Whether the enforcement notice is valid and, if not, whether it can be corrected or varied under section 176 of the Town and Country Planning Act 1990

What decided it

The requirements of the enforcement notice are unclear and cannot be corrected without causing injustice, rendering the notice invalid.

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.

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