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Planning appeal decision

Notice varied and upheld20 June 20243332100

Petersfield Farm Petersfield Lane, Gosfield, Halstead, CO9 1PU

Planning appeal 3332100 at Petersfield Farm Petersfield Lane, Gosfield, Halstead, CO9 1PU (Braintree District Council) was allowed in part (a split decision) on 20 June 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred (ground b).

without planning permission: The unauthorised development consisting of the siting of a shipping container modified to link into an existing building and used in connection with a new heating boiler facility that serves the existing commercial uses on the site. (As shown in the approximate area marked in yellow on the attached plan1)

Authority
Braintree District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Bale M
Postcode
CO9 1PU

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred (ground b)
  • Whether the matters alleged, if they occurred, constitute a breach of planning control (ground c)

What decided it

The container, having been physically fixed to the adjoining building and boiler by ducting and linked to a permanent heating system serving permanent buildings, constitutes operational development requiring planning permission and cannot be considered temporary or movable.

The decision letter

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More decisions in Braintree District Council

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

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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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