®Planning appeal decision
Frog Island, Ferry Lane, Rainham, Essex, RM13 9YH
- Authority
- London Borough of Havering
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- minerals-waste · Change of use
- Inspector
- Dignan P
Main issues, as the Inspector framed them
- Ground (c): whether the matters enforced against constitute a breach of planning control
- Ground (a): whether planning permission should be granted for the matters enforced against
- Ground (f): whether the steps required by the notice exceed what is necessary to remedy the breach
- Ground (g): whether the period for compliance is reasonable
What decided it
The appellant's demonstrated ability, evidenced by compliance with the Environment Agency's permit and enforcement notice withdrawal, to operate the waste use without causing unacceptable dust impacts, secured through comprehensive planning conditions, was decisive in permitting the use, while the unremedied harm to local character from the shipping containers was decisive in refusing that element.
the acceptability of the use, once secured by comprehensive conditions controlling dust and other impacts, was granted permission, but the unacceptable harm to local character caused by the operational development (shipping containers) was not outweighed and that element was refused
Judgments cited: R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.