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Planning appeal decision

Quashed On Legal Grounds9 September 20243297662

Land and Buildings at Blunts Farm, Coopersale Lane, Theydon Bois, Epping , CM16 7NT

Planning appeal 3297662 at Land and Buildings at Blunts Farm, Coopersale Lane, Theydon Bois, Epping , CM16 7NT (Epping Forest District Council) was decided (quashed on legal grounds) on 9 September 2024 by Inspector Perkins L, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice states the matters constituting the breach of planning control with sufficient clarity, and whether any defect can be corrected without causing injustice to the appellant or the local planning authority.

Material change of use of the site and buildings to commercial and business uses; laying of road planings to create an accessway, laying of hard surfacing, and construction of a breeze wall over 2 metres in height (without planning permission)

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Perkins L
Postcode
CM16 7NT

Main issues, as the Inspector framed them

  • Whether the enforcement notice states the matters constituting the breach of planning control with sufficient clarity, and whether any defect can be corrected without causing injustice to the appellant or the local planning authority

What decided it

The enforcement notice's allegation of the breach was too vague and could not be corrected to reflect a mixed use without causing injustice to the appellant.

What the Inspector cited

Judgments
Ikram v Secretary of State for CLG [2021] EWCA Civ 2

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 Epping Forest District Council

The authority’s record since 2016 · every decision in 2024

  1. Planning permission granted24 June 20263340918
    Hainault Hall, Lambourne Road, Chigwell, Essex, IG7 6JU
  2. Notice varied and upheld30 April 20263334233
    Land at Paslow Common Farm, Ingatestone, Essex, CM4 0JZ
  3. Dismissed23 February 20263368397
    47 Roydon Lodge Estate, High Street, Roydon, Harlow, CM19 5EF
  4. Notice varied and upheld8 January 20263335040
    The Mole Trap PH, Tawney Common, Stapleford Tawney Epping, Essex, CM16 7PU
  5. Allowed12 December 20253353579
    The Annex, 2 Holyfield Cottages, Holyfield Road, Waltham Abbey , EN9 2EL

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.