Units 7b, 6, 6a & 5 Ricebridge Estate, Station Road, Thorpe Le Soken, Essex, CO16 0HH

Planning appeal 3298455 at Units 7b, 6, 6a & 5 Ricebridge Estate, Station Road, Thorpe Le Soken, Essex, CO16 0HH (Tendring District Council) was dismissed on 3 July 2023 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: 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).

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
Postcode: CO16 0HH

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.

What the Inspector cited

Judgments: 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

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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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.