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Split Decision1 April 20253305409

Frog Island, Ferry Lane, Rainham, Essex, RM13 9YH

Planning appeal 3305409 at Frog Island, Ferry Lane, Rainham, Essex, RM13 9YH (London Borough of Havering) was allowed in part (a split decision) on 1 April 2025 by Inspector Dignan P, following an inquiry. The main issue, as the Inspector framed it: Ground (c): whether the matters enforced against constitute a breach of planning control.

Use for the storage of materials, including vehicles, equipment and inert waste, and activities associated with a waste management facility, namely the importing, processing and exporting of inert waste materials, together with operational development comprising stacked shipping containers as boundary treatment

Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
minerals-waste · Change of use
Inspector
Dignan P
Postcode
RM13 9YH

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

What the Inspector cited

Judgments
R (oao) East Sussex CC v SSCLG [2009] EWHC 3841 (Admin)

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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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  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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