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Notice varied and upheld30 April 20243299386

Stock Street Farm Barn , Stock Street Farm , Coggeshall, Essex, CO6 1NX

Planning appeal 3299386 at Stock Street Farm Barn , Stock Street Farm , Coggeshall, Essex, CO6 1NX (Braintree District Council) was allowed in part (a split decision) on 30 April 2024 by Inspector Perkins L, following a hearing. The main issue, as the Inspector framed it: whether copies of the enforcement notice were served as required by section 172, ie the ground (e) appeals.

Change of use of the Land from Use Class B8 Storage to a mix of uses (Class E(d) Indoor Sport, Recreation and Fitness; sui generis Public House/Drinking Establishment, Wedding Venue, Music Venue, Cinema, Dance Hall, Concert Hall, Hot Food Takeaway) and associated parking

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
leisure-sport · Change of use
Inspector
Perkins L
Postcode
CO6 1NX

Main issues, as the Inspector framed them

  • whether copies of the enforcement notice were served as required by section 172, ie the ground (e) appeals
  • whether the matters stated in the notice have occurred, ie the ground (b) appeals
  • whether planning permission ought to be granted for the breach of planning control alleged, ie the ground (a) appeal
  • whether the steps required by the notice to be taken, or the activities required by the notice to cease, exceed what is necessary to remedy any breach of planning control which may be constituted by those matters or, as the case may be, to remedy any injury to amenity which has been caused by any such breach, ie the ground (f) appeals
  • whether the period for compliance with the notice falls short of what should reasonably be allowed, ie the ground (g) appeals
  • the effect of the appeal development on the designated heritage assets on the site, including the grade II listed farmhouse and barn and curtilage listed buildings
  • if there is harm arising from the effects of the appeal development, whether the harm is outweighed by public benefits of the appeal development to justify a grant of planning permission
  • the effect of the appeal development on highway safety

What decided it

The unacceptable risk to highway safety arising from insufficient on-site parking and a substandard, narrow vehicular access onto the fast A120 was the factor the Inspector treated as so important that permission should not be granted, tipping the balance against the appeal even before weighing heritage harm.

The modest public benefits of the community/leisure use did not outweigh the less than substantial harm to the setting of the listed buildings and the unacceptable harm to highway safety, so the balance tipped against granting planning permission.

What the Inspector cited

Development plan policies
Policy SP 1Policy SP 7Policy LPP 52Policy LPP 57Policy LPP 7Policy LPP 43Policy LPP 1Policy LPP 61Policy 5 of the Coggeshall Neighbourhood PlanPolicy 13 of the Coggeshall Neighbourhood PlanPolicy 16 of the Coggeshall Neighbourhood Plan
National Planning Policy Framework
Paragraph 205Paragraph 208Paragraph 115Paragraph 114Paragraph 56
Judgments
Westminster CC v SSE & Aboro [1983] JPL 602; Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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 Braintree District Council

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

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    9 Kemsley Road, Earls Colne, CO6 2NU
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  3. Dismissed17 April 20263367468
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  4. Dismissed21 January 20263366289
    Broadfields Nursery, Broad Road, Braintree, CM7 5NJ
  5. Allowed6 November 20253369428
    Windyridge, Chapel End Way, Stambourne, Halstead, CO9 4NX

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.