Fantails, Hook End Road, Brentwood, Essex, CM15 0HB

Planning appeal 3333784 at Fantails, Hook End Road, Brentwood, Essex, CM15 0HB (Brentwood Borough Council) was decided (quashed on legal grounds) on 13 May 2024 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: The appeal on ground (d) is made on the basis that, at the time the EN was issued, it was too late to take enforcement action against the matters stated in the EN.

Operational development comprising the construction of an agricultural barn for storage of machinery and hay, and an associated hardstanding area and access path

Authority: Brentwood Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: agricultural · Other minor developments
Inspector: Boffin D
Postcode: CM15 0HB

Main issues, as the Inspector framed them

The appeal on ground (d) is made on the basis that, at the time the EN was issued, it was too late to take enforcement action against the matters stated in the EN.

What decided it

The Inspector found that the development was substantially completed more than four years before the enforcement notice was issued and that the appellant had not engaged in positive deception to prevent discovery, so the immunity under section 171B(1) of the 1990 Act applied.

What the Inspector cited

Judgments: Welwyn Hatfield v SSCLG v Beesley [2011] UKSC 15; Sage judgment

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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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.