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Dismissed25 November 20243303778

Bushy Hill Communication Station, Edwins Hall Road, Woodham Ferrers, Chelmsford, CM3 8RU

Planning appeal 3303778 at Bushy Hill Communication Station, Edwins Hall Road, Woodham Ferrers, Chelmsford, CM3 8RU (Chelmsford Borough Council) was dismissed on 25 November 2024 by Inspector Ghafoor A, by written representations. The main issue, as the Inspector framed it: Appeal A: Whether the stationing of a mobile home for security accommodation ancillary to Class B1 operations has been in continuous use for 10 years without significant interruption to qualify for a certificate of lawful use.

permanent retention of mobile home to provide accommodation for security guard on basis of 24 hours per day for 365 days per year

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Major offices/R&D/light industry
Inspector
Ghafoor A
Postcode
CM3 8RU

Main issues, as the Inspector framed them

  • Appeal A: Whether the stationing of a mobile home for security accommodation ancillary to Class B1 operations has been in continuous use for 10 years without significant interruption to qualify for a certificate of lawful use.
  • Appeal B: Whether the permanent retention of a mobile home to provide 24-hour security guard accommodation is acceptable in principle and in accordance with the development plan.
  • Appeal C: Whether a new footpath link to the pre-existing footpath to the south of the site would be acceptable in terms of visual impact and public benefit.

What decided it

Appeal A was decided by the appellant's failure to prove 10 years of continuous use; Appeal B by the conflict with spatial strategy and failure to demonstrate necessity; Appeal C by the visual harm to the countryside without public benefit.

What the Inspector cited

Development plan policies
Policy S7Strategic Policy S11Policy DM10Policy DM23

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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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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