®Planning appeal decision
Units 7b, 6, 6a & 5 Ricebridge Estate, Station Road, Thorpe le Soken, Essex, CO16 0HH
conversion to residential use in accordance with PD right class PA. Appeal B: APP/P1560/X/22/3312911 Units 5, 6, 6a, 7b Rice Bridge Industrial Estate Station Road, Thorpe-Le- Soken, CLACTON-ON-SEA, CO16 0HH
- Authority
- Tendring District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Franks Z
Main issues, as the Inspector framed them
- Whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded (Appeals A, C, D and E)
- Whether the proposed change of use would have been lawful for planning purposes if it had occurred on the date of the application (Appeal B)
What decided it
The units were not in Class B1(a) office use on the relevant date for Class O, and the determination period for Class PA was validly extended beyond the statutory cut-off date by written agreement between the Council and the appellant's agents.
Judgments cited: Gluck v SSHCLG & Crawley BC [2020] EWCA Civ 1756; Keenan v Woking BC [2017] EWCA Civ 438; Gabbitas v SSE & Newham BC [1985] JPL 630
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.