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Notice upheld14 May 20243305415

Land at 5 Merivale Grove, Chatham, Kent, ME5 8HP

Planning appeal 3305415 at Land at 5 Merivale Grove, Chatham, Kent, ME5 8HP (Medway Council) was dismissed on 14 May 2024 by Inspector Steen A, by written representations. The main issue, as the Inspector framed it: Whether the construction of a two storey wooden outbuilding constitutes a breach of planning control, having regard to permitted development rights under Schedule 2, Part 1, Class E of the GPDO.

without the benefit of planning permission the construction of a two storey wooden structure/outbuilding to the rear of the dwelling

Authority
Medway Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Steen A
Postcode
ME5 8HP

Main issues, as the Inspector framed them

  • Whether the construction of a two storey wooden outbuilding constitutes a breach of planning control, having regard to permitted development rights under Schedule 2, Part 1, Class E of the GPDO
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy any breach of planning control

What decided it

The outbuilding fails to comply with the permitted development restrictions in Schedule 2, Part 1, Class E(e) of the GPDO due to its proximity to the boundary and height, and development cannot be made compliant retrospectively.

The decision letter

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More decisions in Medway

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld10 April 20263342871
    4 Everest Lane, Rochester, ME2 3XA
  2. Notice varied and upheld24 March 20263338789
    100 Woodside, Gillingham, ME8 0PW
  3. Planning permission granted19 March 20263338738
    382 Canterbury Street, Gillingham, ME7 5LD
  4. Notice upheld23 October 20253358271
    89 Bryant Road, Rochester, ME2 3ES
  5. Notice upheld20 October 20253349682
    20 Oakhurst Close, Chatham, ME5 9AN

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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