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Planning appeal decision

Notice upheld1 August 20233289337

Land Adjacent to 445 London Road, South Benfleet, Benfleet, Essex, SS7 1AW

Planning appeal 3289337 at Land Adjacent to 445 London Road, South Benfleet, Benfleet, Essex, SS7 1AW (Castle Point Borough Council) was dismissed on 1 August 2023 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the matter alleged in the enforcement notice has occurred (ground b).

without planning permission, a material change of use of the land as (sic) a garden for purposes incidental to the enjoyment of a dwellinghouse

Authority
Castle Point Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hawkins S
Postcode
SS7 1AW

Main issues, as the Inspector framed them

  • Whether the matter alleged in the enforcement notice has occurred (ground b)
  • Whether the matter alleged constitutes a breach of planning control (ground c)
  • Whether it was too late to take enforcement action (ground d)

What decided it

The appellants could not provide sufficiently clear evidence that the use as a residential garden had been continuous for more than ten years before the enforcement notice was issued, with contemporaneous documents and former occupiers' evidence indicating the boundary extension occurred after 2014.

The decision letter

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More decisions in Castle Point

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

  1. Notice upheld30 September 20263356036
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  3. Quashed On Legal Grounds30 April 20263335033
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  4. Notice upheld13 October 20253327958
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  5. Notice upheld13 October 20253326722
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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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