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Dismissed2 April 20243325514

Sciroby Kennels New House Avenue, Wickford, SS12 0JY

Planning appeal 3325514 at Sciroby Kennels New House Avenue, Wickford, SS12 0JY (Basildon District Council) was dismissed on 2 April 2024 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: 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.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Other minor developments
Inspector
Sylvester G
Postcode
SS12 0JY

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.

What the Inspector cited

Development plan policies
Saved Policy BAS BE12 (iii)Saved Policy BAS BE12 (iv)

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.

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The decision letter

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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.

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