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Planning appeal decision

Split Decision14 November 20243326164

Brooklands Farm, Apton Hall Road, Canewdon, ROCHFORD, SS4 3RG

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Blackwell J

Main issues, as the Inspector framed them

  • whether the development is inappropriate development in the Green Belt having regard to the Framework and other development plan policy, including consideration of its effect on openness
  • the effect of the development on the character and appearance of the area
  • the effect of the development on the living conditions of neighbouring occupiers
  • if applicable, whether any harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the development

What decided it

Building A qualified as an exception to Green Belt inappropriateness as a non-materially-larger replacement building causing no harm, whereas the hardstanding failed to preserve openness and had no legitimate fallback, so very special circumstances did not exist for it.

For the hardstanding, the harm by reason of inappropriateness, to openness, character and living conditions was not clearly outweighed by other considerations (economic benefits, alleged permitted development fallback), so very special circumstances did not exist and the appeal failed; Building A caused no such harm and was allowed without needing to engage the very special circumstances balance.

Framework references: 154, 155, 152

Plan policies cited: Policy GB1, Policy GB2, Policy CP1, Policy DM11, Policy DM12, Policy DM13

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.