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Split Decision14 November 20233301798

The Land Known As Park Farm, Eastern Avenue East, Romford, RM3 7NR

Planning appeal 3301798 at The Land Known As Park Farm, Eastern Avenue East, Romford, RM3 7NR (London Borough of Havering) was allowed in part (a split decision) on 14 November 2023 by Inspector Lewis D, following an inquiry. The main issue, as the Inspector framed it: Whether a material change of use of land identified as B1 to use as an extension to a scaffolding yard took place on or before 27 May 2012 and continued without substantial interruption for a period of 10 years thereafter (ground (d), Appeal A).

Deemed planning applications (under s.177(5)) for retrospective permission for extension of scaffolding yard uses on Plots A and B, erection of racking, containers and fencing, hard surfacing and access road works, formation of bunds, a boundary wall/fence and street lamps/CCTV columns at Park Farm, the subject of two enforcement notices (A and B)

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Change of use
Inspector
Lewis D
Postcode
RM3 7NR

Main issues, as the Inspector framed them

  • Whether a material change of use of land identified as B1 to use as an extension to a scaffolding yard took place on or before 27 May 2012 and continued without substantial interruption for a period of 10 years thereafter (ground (d), Appeal A)
  • Whether the development is inappropriate in the Green Belt and, if so, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development (ground (a), Appeal A)
  • Whether inappropriate development has occurred in the Green Belt and if so whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development (ground (a), Appeal B)
  • Whether copies of the enforcement notice were served as required by section 172 of the 1990 Act and whether any person required to be served has been substantially prejudiced by the failure in service (ground (e), Appeal B)
  • Whether the requirements of the enforcement notice are excessive, taking account of the purpose of the notice (ground (f))
  • Whether the compliance period is reasonable (ground (g))

What decided it

Whether each element of unauthorised development amounted to inappropriate development in the Green Belt and, where it did, whether the resulting harm was clearly outweighed by other considerations so as to amount to very special circumstances.

For each parcel the Inspector weighed Green Belt harm (substantial where inappropriate) against economic/operational benefits and proposed mitigation (landscaping, height controls); the balance favoured permission for areas A2, B1, C2, G/G1/G2, the bund, the low wall and the access road, but harm was not outweighed for area A1, areas C1/C3, the boundary fence/gates and the street lamps/CCTV columns.

What the Inspector cited

Development plan policies
Policy G2Policy 18Policy 19Policy 20Policy 24Policy 26Policy 27Policy 29Policy 31Policy 32
National Planning Policy Framework
Paragraph 149Paragraph 150
Judgments
R (on the application of Samuel Smith Old Brewery (Tadcaster) and others) v North Yorkshire County Council [2020] UKSC3; Turner v Secretary of State for Communities and Local Government and others [2016] EWCA Civ 466; Kemnal Manor Memorial Gardens Ltd v First Secretary of State [2005] EWCA Civ 835

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 London Borough of Havering

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
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  3. Planning permission granted29 July 20263367840
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  4. Notice upheld25 June 20263358682
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  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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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