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Split Decision12 June 20233302220

Land at Land Rear Of 1To 8 Stile Lane, Also Known As 5A & 5B Stile Lane, Rayleigh, Essex, SS6 8JA

Planning appeal 3302220 at Land at Land Rear Of 1To 8 Stile Lane, Also Known As 5A & 5B Stile Lane, Rayleigh, Essex, SS6 8JA (Rochford District Council) was allowed in part (a split decision) on 12 June 2023 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: The effect of the development on surface water drainage and flood risk.

without planning permission, the carrying out of an engineering operation to materially raise the natural ground level (as shown on the plan appended at appendix 1 and 3 of the enforcement notice) and construction of two new dwellings (labelled A and B on the attached enforcement notice plan) and an access track not in accordance with approved drawings on application 18/01009/FUL and construction of an outbuilding (labelled C) and laying of an area of paving hardstanding and the erection of a close boarded timber boundary fence

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dyer S
Postcode
SS6 8JA

Main issues, as the Inspector framed them

  • The effect of the development on surface water drainage and flood risk
  • The effect of the development on the living conditions of the occupiers of neighbouring dwellings with particular regard to overlooking

What decided it

The Inspector found no clear evidence that the development had resulted in a significant increase in surface water flooding compared to the approved scheme, and that overlooking impacts were not significantly harmful, allowing the appeal on ground (a).

What the Inspector cited

Development plan policies
Policy DM28Policy ENV3Policy ENV4

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 Rochford

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

  1. Quashed On Legal Grounds2 September 20263375598
    Lime House The Drive, Rayleigh, SS6 8XA
  2. Notice varied and upheld2 September 20263372996
    Land at Limehouse Nursery (Also Known As 401 Eastwood Road), The Drive, Rayleigh, Essex, SS6 7LJ
  3. Allowed9 July 20266004863
    9 College Gardens, Rochford, SS4 1YL
  4. Dismissed19 November 20253335755
    Clovelly Chelmsford Road, Rawreth, Wickford, SS11 8SY
  5. Notice varied and upheld30 October 20253326097
    Land at 256 Daws Heath Road, Rayleigh, Essex, SS6 7NP

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.