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Planning appeal decision

Notice varied and upheld9 May 20243326403

Land North West Of Riversleigh, Nipsells Chase, Mayland, Essex, CM3 6EJ

Planning appeal 3326403 at Land North West Of Riversleigh, Nipsells Chase, Mayland, Essex, CM3 6EJ (Maldon District Council) was allowed in part (a split decision) on 9 May 2024 by Inspector Baxter C, following an inquiry. The main issue, as the Inspector framed it: Ground (b): whether the matters stated in the notice had occurred as a matter of fact by the date of issue.

Unauthorised erection of a C3 residential dwelling house on the 'Land'

Authority
Maldon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Minor Dwellings
Inspector
Baxter C
Postcode
CM3 6EJ

Main issues, as the Inspector framed them

  • Ground (b): whether the matters stated in the notice had occurred as a matter of fact by the date of issue
  • Ground (f): whether the requirements of the notice exceed what is necessary to remedy the breach of planning control
  • Ground (g): whether the period for compliance falls short of what is reasonable

What decided it

The Inspector's factual finding, on the balance of probability, that a C3 residential dwellinghouse (not the approved apple storage barn) had been erected on the land.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1983] JPL 306; Elmbridge BC v SSCLG & Giggs Hill Green Homes Ltd [2015] EWHC 1367 (Admin)

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 Maldon

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

  1. Quashed On Legal Grounds11 February 20263359345
    Mayfield , Park Lane, Tolleshunt Knights, Maldon, CM9 8HB
  2. Notice varied and upheld31 October 20253326903
    32B Green Lane, Burnham-on-Crouch, CM0 8PT
  3. Quashed On Legal Grounds29 September 20253324360
    Land Adjacent to Glenworth, Maldon Road, Latchingdon, Essex, CM3 6LG
  4. Dismissed22 September 20253348898
    Scrap Metal Yard, The Brambles, Southminster Road, Asheldham, Southminster, CM0 7DZ
  5. Allowed26 June 20253319560
    Little Wycke Farm, Blind Lane, Mundon, Essex, CM9 6PS

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.