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Planning appeal decision

Dismissed28 November 20223300403

16 Victoria Road, Chelmsford, CM1 1NZ

Planning appeal 3300403 at 16 Victoria Road, Chelmsford, CM1 1NZ (Chelmsford Borough Council) was dismissed on 28 November 2022 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the development approved pursuant to the 2006 permission has been lawfully commenced in accordance with section 56 of the Town and Country Planning Act 1990.

confirmation that planning permission has been lawfully commenced in accordance with section 56 of the Town and Country Planning Act 1990

Authority
Chelmsford Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hanson S
Postcode
CM1 1NZ

Main issues, as the Inspector framed them

  • Whether the council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the development approved pursuant to the 2006 permission has been lawfully commenced in accordance with section 56 of the Town and Country Planning Act 1990

What decided it

The evidence was not sufficiently precise and unambiguous to demonstrate that the installation of the multi-services electrical main was comprised in the approved extension development and therefore constituted a material operation for commencement purposes.

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.

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