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Planning appeal decision

Notice upheld13 October 20253327958

15 Rivenhall, Thundersley, Essex, SS6 7TT

Planning appeal 3327958 at 15 Rivenhall, Thundersley, Essex, SS6 7TT (Castle Point Borough Council) was dismissed on 13 October 2025 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SS6 7TT

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.

The decision letter

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More decisions in Castle Point

The authority’s record since 2016 · every decision in 2025

  1. Notice upheld30 September 20263356036
    141 Rayleigh Road, Benfleet, SS7 3YN
  2. Notice varied and upheld4 September 20263350293
    The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
  3. Quashed On Legal Grounds30 April 20263335033
    Mount View , Rhoda Road, Benfleet, Essex, SS7 1HZ
  4. Notice upheld13 October 20253326722
    Land at Corner of Bassenthwaite Road and Windermere Road, Benfleet, SS7 3JG
  5. Dismissed4 September 20253344520
    Bonnyview, Thirlmere Road, Thundersley, Benfleet, SS7 3JS

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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