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Planning appeal decision

Notice varied and upheld5 February 20253320191

226 Old Heath Road, Colchester, CO2 8AX

Planning appeal 3320191 at 226 Old Heath Road, Colchester, CO2 8AX (Colchester Borough Council) was allowed in part (a split decision) on 5 February 2025 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the notice have occurred (ground b).

’Without the benefit of planning permission, the construction of a wooden outbuilding located on the rear boundary of the property, and the erection of a wooden bike store forward of the principal elevation (" The Activity") (For the avoidance of doubt, this is the outbuilding and bike store shown on the photographs attached to this Notice)’

Authority
Colchester Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Minor retail and services
Inspector
Griffin E
Postcode
CO2 8AX

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice have occurred (ground b)
  • Whether the matters alleged constitute a breach of planning control (ground c)
  • Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
  • Whether the period for compliance is reasonable (ground g)

What decided it

The outbuilding and bike store constitute development requiring planning permission as they are structures falling within the definition of building operations, and neither falls within permitted development rights due to their location and dimensions.

The decision letter

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More decisions in Colchester City Council

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

  1. Notice varied and upheld19 May 20263358290
    95 Nayland Road , Colchester , CO4 5EN
  2. Notice varied and upheld25 March 20263361715
    Elliot Minimarket, 3 St. Botolphs Circus, Colchester, CO2 7EF
  3. Planning permission granted17 March 20263309435
    3 Firs Chase, West Mersea, Colchester, Essex, CO5 8NG
  4. Notice varied and upheld6 March 20263364430
    Lexden Lodge Kindergarten, 26 Lexden Road, Colchester, Essex, CO3 3QD
  5. Notice varied and upheld12 February 20263338044
    84 Coggeshall Road, Marks Tey, Colchester, CO6 1LS

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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