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Split Decision14 November 20243326164

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

Planning appeal 3326164 at Brooklands Farm, Apton Hall Road, Canewdon, Rochford, SS4 3RG (Rochford District Council) was allowed in part (a split decision) on 14 November 2024 by Inspector Blackwell J, following a hearing. The main issue, as the Inspector framed it: 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.

Erection of a building, engineering operations laying a hardstanding, and an alleged material change of use of land from agricultural to a mixed agricultural and Class B2 use (bus shelter assembly, storage and office use)

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Blackwell J
Postcode
SS4 3RG

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.

What the Inspector cited

Development plan policies
Policy GB1Policy GB2Policy CP1Policy DM11Policy DM12Policy DM13
National Planning Policy Framework
Paragraph 154Paragraph 155Paragraph 152

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 applied

The decision letter

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More decisions in Rochford

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

  1. Dismissed1 October 20266008122
    Milan Villa, Hyde Wood Lane , Canewdon, Rochford, SS4 3RR
  2. Quashed On Legal Grounds2 September 20263375598
    Lime House The Drive, Rayleigh, SS6 8XA
  3. Notice varied and upheld2 September 20263372996
    Land at Limehouse Nursery (Also Known As 401 Eastwood Road), The Drive, Rayleigh, Essex, SS6 7LJ
  4. Dismissed24 July 20266008113
    4 Mortimer Road, Rayleigh, SS6 9NX
  5. Allowed9 July 20266004863
    9 College Gardens, Rochford, SS4 1YL

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.