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Planning appeal decision

Notice varied and upheld14 August 20243328124

Darcy's Place, Little Broomfield, Church Lane, Wormley , EN10 7QF

Planning appeal 3328124 at Darcy's Place, Little Broomfield, Church Lane, Wormley , EN10 7QF (Broxbourne Borough Council) was allowed in part (a split decision) on 14 August 2024 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Appeal A Ground (d): Whether at the time the enforcement notice was issued it was too late to take enforcement action.

without planning permission the material change of use to commercial use of land consisting of open commercial storage (Use Class B8), industrial purposes (Use Class B2) and waste transfer purposes and associated operational development

Authority
Broxbourne Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Jones R
Postcode
EN10 7QF

Main issues, as the Inspector framed them

  • Appeal A Ground (d): Whether at the time the enforcement notice was issued it was too late to take enforcement action
  • Appeal A Ground (f): Whether the requirements of the enforcement notice are excessive to remedy the breach of planning control
  • Appeal A Ground (g): Whether the two months given to cease the use is too short
  • Appeal B: Whether the use of land for builders yard, open and covered storage is lawful under section 191(1)(a) of the Town and Country Planning Act 1990

What decided it

The appellant's own acceptance that the use diversified and intensified from late 2018/early 2019, commencing well after the 10-year immunity threshold, and that the subsequent mixed use supplanted any earlier lawful use.

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More decisions in Broxbourne

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

  1. Quashed On Legal Grounds24 September 20263371758
    32 High Road, Wormley, Hertfordshire, EN10 6LE
  2. Quashed On Legal Grounds22 September 20263374736
    8 Great Groves, Goffs Oak, Hertfordshire, EN7 6SX
  3. Notice varied and upheld1 September 20263378144
    Land Adjacent to Darcy's Place, Little Broomfield, Church Lane, Wormley, EN10 7QF
  4. Split Decision3 August 20263367820
    2 Church Lane, Broxbourne, EN10 6JT
  5. Notice varied and upheld16 February 20263341791
    13 College Road, Hoddesdon, Hertfordshire, EN11 9DN

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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