15 Rivenhall, Thundersley, Essex, SS6 7TT

without permission, a material change of use of the land to a garden and erection of outbuilding incidental to the enjoyment of a dwellinghouse in the Green Belt

Authority: Castle Point Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Walker A

Main issues, as the Inspector framed them

Whether the matters stated in the enforcement notice constitute a breach of planning control, specifically whether the land has lawful use as a garden and whether the outbuilding has been lawfully erected within the curtilage of the dwellinghouse

What decided it

The new fence was erected 3.5m beyond the consented rear boundary of the residential plot as shown on the approved planning permission, meaning the land was not within the curtilage of the dwellinghouse and therefore the use and outbuilding constituted breaches of planning control.

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