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Planning appeal decision

Dismissed2 April 20243325514

Sciroby Kennels New House Avenue, WICKFORD, SS12 0JY

the change of use of site from animal boarding business use to a mixed use comprising: Class E(a) retail, Class B8 (storage or distribution) and Class E(g)(iii) industrial processes use. Demolition of existing kennels, cattery buildings, storage building and greenhouse, change of use of existing office into shop/office, and the erection of 2no. detached buildings for Class B8 and/or Class E(g)(iii) purposes, without complying with conditions attached to planning permission Ref. 20/00225/FULL, dated 18 August 2022

Authority
Basildon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Other minor developments
Inspector
Sylvester G

Main issues, as the Inspector framed them

  • Whether the proposed amendments to the original planning permission can be determined through an application under section 73 of the Town and Country Planning Act 1990, with particular regard to the proposed outdoor storage facility

What decided it

The proposed outdoor storage facility would constitute a third building which conflicts with the original planning permission's description of development (two detached buildings only), and therefore cannot be varied under section 73 of the Town and Country Planning Act 1990 following the Finney judgment.

Plan policies cited: Saved Policy BAS BE12 (iii), Saved Policy BAS BE12 (iv)

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.