®Planning appeal decision
The Lakes, Hall Road/Battle Rise, Heybridge , Essex (Also Known As Gravel Pits), CM9 4PH
Planning appeal 3312131 at The Lakes, Hall Road/Battle Rise, Heybridge , Essex (Also Known As Gravel Pits), CM9 4PH (Maldon District Council) was decided (quashed on legal grounds) on 28 May 2024 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990 (ground (e)).
Unauthorised use of lakes for informal recreational fishing purposes
- Authority
- Maldon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Walker A
- Postcode
- CM9 4PH
Main issues, as the Inspector framed them
- Whether copies of the enforcement notice were served as required by section 172 of the Town and Country Planning Act 1990 (ground (e))
- Whether the use of the land for informal recreational fishing had been undertaken continuously for at least 10 years prior to the issue of the notice, thereby acquiring immunity from enforcement action under section 171B(3) of the Act (ground (d))
What decided it
The appellant's substantial and unambiguous evidence of continuous use for informal recreational fishing throughout the 10-year immunity period, unchallenged by any substantive evidence from the Council, established that immunity had been acquired by the date the notice was issued.
What the Inspector cited
- Judgments
- Gabbitas v SSE & Newham LBC [1985] JPL 630
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.