®Planning appeal decision
Land at Fairfields Farm, Fordham Road , Wormingford, Essex , CO6 3AQ
Planning appeal 3324623 at Land at Fairfields Farm, Fordham Road , Wormingford, Essex , CO6 3AQ (Essex County Council) was allowed in part (a split decision) on 11 October 2024 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- CO6 3AQ
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
What the Inspector cited
- Development plan policies
- 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
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
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.