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Dismissed7 May 20243328511

44-48 High Street, Maldon, CM9 5PN

Planning appeal 3328511 at 44-48 High Street, Maldon, CM9 5PN (Maldon District Council) was dismissed on 7 May 2024 by Inspector Bowyer J, by written representations. The main issue, as the Inspector framed it: Whether or not the prior approval application was made 'before beginning the development'.

change of use of the first and second floors from commercial, business and service (Use Class E) to residential (Use Class C3). 4 no 2-bed 4-person flats, and 1 no. 3-bed 6-person flat are proposed. New cycle storage

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Bowyer J
Postcode
CM9 5PN

Main issues, as the Inspector framed them

  • Whether or not the prior approval application was made 'before beginning the development'

What decided it

The material change of use to residential use had begun before the prior approval application was made, as evidenced by the physical state of the second-floor and enforcement photographs from January 2023 showing residential occupation, thereby breaching the requirement under Condition MA.2(2) of the GPDO.

The decision letter

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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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