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Planning appeal decision

Split Decision11 October 20243324623

Land at Fairfields Farm, Fordham Road , Wormingford, Essex , CO6 3AQ

Without the benefit of planning permission, a material change of use of the Land to land used for waste recycling involving the importation, deposit, storage and processing of waste, namely timber, and compost. Without the benefit of planning permission, the installation and operation/use of associated plant, equipment, machinery and storage containers. And operational development including the creation of bunds and erection of netting and supporting poles. Together comprising “the unauthorised development”

Authority
Essex County Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
minerals-waste · Minor general industry/storage/warehousing
Inspector
Curnow R

Main issues, as the Inspector framed them

  • The main issue here is the effect that the north-south bund and the poles and netting on all of the bunds have on the character and appearance of the area

What decided it

The Inspector's finding that the netting and supporting poles were a jarring, harmful feature in the landscape while the bund itself caused no such harm determined the split outcome on ground (a).

the bund's limited visual effect, screened by flanking bunds and adjacent storage, was found not to cause harm and was permitted, whereas the harm caused by the netting and poles, though geographically limited, was not outweighed by any countervailing benefit and permission was refused, subject to a temporary 12-month retention pending the related s78 appeal

Plan policies cited: Policy 10 (Essex and Southend-on-Sea Waste Local Plan), Policy ENV1 (Colchester Borough Local Plan), Policy DM15 (Colchester Borough Local Plan), Policy OV2 (Colchester Borough Local Plan)

Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.