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Planning appeal decision

Dismissed21 June 20243325975

Land Adj. to 1 Tricketts Lane, Hedingham Road, Wethersfield, Braintree, CM7 4EJ

Planning appeal 3325975 at Land Adj. to 1 Tricketts Lane, Hedingham Road, Wethersfield, Braintree, CM7 4EJ (Braintree District Council) was dismissed on 21 June 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the use of the land for storage is lawful by virtue of ten years' continuous use without enforcement action, or whether there has been a material change of use away from storage to a mixed use.

Certificate of lawful use or development for storage use of land

Authority
Braintree District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Bale M
Postcode
CM7 4EJ

Main issues, as the Inspector framed them

  • Whether the use of the land for storage is lawful by virtue of ten years' continuous use without enforcement action, or whether there has been a material change of use away from storage to a mixed use

What decided it

The material change of use of the land from storage to a mixed use containing storage and other uses (chicken-keeping and vegetable-growing) meant that any established storage use had been lost, and the appellant failed to discharge the burden of proof to demonstrate that the current use for storage alone is lawful.

The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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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