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Dismissed31 October 20243328780

Pondside Lark Hill Road, Canewdon, Rochford, Essex, SS4 3RA

Planning appeal 3328780 at Pondside Lark Hill Road, Canewdon, Rochford, Essex, SS4 3RA (Rochford District Council) was dismissed on 31 October 2024 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended.

demolition of existing stables and erect proposed replacement stables

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Phillips A
Postcode
SS4 3RA

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed development would constitute permitted development by virtue of Class E of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended

What decided it

The physical layout of the appeal site, including its distance from the main dwellinghouse, separation by a track and boundaries, extended parcel appearance and awkward shape, was determinative in establishing that the site fell outside the curtilage of the dwellinghouse and therefore permitted development rights did not apply.

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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