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Planning appeal decision

Notice varied and upheld1 December 20233292851

Land at 176 Furtherwick Road, Canvey Island, Essex, SS8 7BL

Planning appeal 3292851 at Land at 176 Furtherwick Road, Canvey Island, Essex, SS8 7BL (Castle Point Borough Council) was allowed in part (a split decision) on 1 December 2023 by Inspector King T, following a hearing. The main issue, as the Inspector framed it: the effect of the development on the character of the immediately surrounding area.

Without planning permission, a material change of use from residential to a mixed use for residential purposes, theological study and as a place of worship

Authority
Castle Point Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
community-institutional · Change of use
Inspector
King T
Postcode
SS8 7BL

Main issues, as the Inspector framed them

  • the effect of the development on the character of the immediately surrounding area
  • the effect on the living conditions of neighbouring occupiers

What decided it

the scale and regularity of the assembly of visitors for prayer meetings meant the use could not be regarded as incidental to the residential use, and this materially harmed both the area's character and neighbours' living conditions

What the Inspector cited

Development plan policies
Policy CF6Policy EC3
Judgments
Emin v SSE and Mid Sussex DC [1989]; Sage v SSHCLG & Bromley LBC [2021] EWHC 2885 (Admin)

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 Castle Point

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

  1. Notice upheld30 September 20263356036
    141 Rayleigh Road, Benfleet, SS7 3YN
  2. Allowed14 September 20266007184
    Land South Of Daws Heath Road, Thundersley, SS7 2TA
  3. Notice varied and upheld4 September 20263350293
    The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
  4. Allowed24 August 20266008542
    22 Woodside View, Benfleet, SS7 4PB
  5. Quashed On Legal Grounds30 April 20263335033
    Mount View , Rhoda Road, Benfleet, Essex, SS7 1HZ

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.