Land at Greenacres, Bassetts Lane, Willingale, Ongar, CM5 0QL

Planning appeal 3301682 at Land at Greenacres, Bassetts Lane, Willingale, Ongar, CM5 0QL (Epping Forest District Council) was decided (quashed on legal grounds) on 13 September 2024 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice is a nullity because it is so defective on its face that it does not tell the recipients fairly what they have done wrong and what they must do to remedy it.

Without planning permission: i) The change of use of the land to create a new planning unit for use as caravan site for use by Gypsy's and Travellers (the "Unauthorised Use); ii) The laying of hardstanding in the approximate location shown hatched black on the attached plan; iii) The formation of a new vehicular access in the approximate location marked A on the attached plan accessed off Bassetts Lane

Authority: Epping Forest District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: caravan-gypsy · Major traveller and caravan pitches
Inspector: Lewis D
Postcode: CM5 0QL

Main issues, as the Inspector framed them

Whether the enforcement notice is a nullity because it is so defective on its face that it does not tell the recipients fairly what they have done wrong and what they must do to remedy it

What decided it

The fundamental and unresolved ambiguity over the identification of the land and the description of the alleged breach of planning control, which meant the notice failed the Miller-Mead fairness test.

What the Inspector cited

Judgments: Miller-Mead v Minister of Housing and Local Government [1963] 2 WLR 225

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

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