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Planning appeal decision

Quashed On Legal Grounds4 July 20233302813

Land East of the Brambles, Rockalls Road, Polstead, Suffolk, CO6 5AS

Planning appeal 3302813 at Land East of the Brambles, Rockalls Road, Polstead, Suffolk, CO6 5AS (Babergh District Council) was decided (quashed on legal grounds) on 4 July 2023 by Inspector Orr H, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice adequately specifies the alleged breach of planning control and the steps required for compliance.

without planning permission, the change of use of the land for the siting of two cabin structures, in the approximate location edged in blue on the attached plan

Authority
Babergh District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Orr H
Postcode
CO6 5AS

Main issues, as the Inspector framed them

  • Whether the enforcement notice adequately specifies the alleged breach of planning control and the steps required for compliance

What decided it

The enforcement notice was inaccurate and incapable of correction without injustice to either the appellant or the Council, as it failed to specify with sufficient clarity the alleged breach of planning control and the steps required for compliance.

The decision letter

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More decisions in Babergh District Council

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

  1. Notice varied and upheld27 April 20263331675
    Land East of the Brambles, Rockalls Road, Polstead, Suffolk, CO6 5AS
  2. Notice varied and upheld21 April 20263376611
    30 Edies Lane, Leavenheath, Colchester, Suffolk, CO6 4PA
  3. Notice upheld12 July 20243297538
    The Old Dairy, Ballingdon Street, Sudbury, Suffolk, CO10 2DA
  4. Notice varied and upheld4 July 20233297211
    The Bay Horse Public House , 61-65 Melford Road, Sudbury , CO10 1JS
  5. Dismissed4 July 20233289391
    61-65 Melford Road, Sudbury , CO10 1JS

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.