45 Longhouse Road, GRAYS, RM16 4RT

failure to comply with condition 4 imposed on a planning permission ref 17/01064/FUL granted on 17 November 2017

Authority: Thurrock Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Householder developments
Inspector: King T

Main issues, as the Inspector framed them

Whether the breach of planning control alleged in the enforcement notice has occurred as a matter of fact (ground b)
Whether the use constitutes a breach of planning control or is lawful without permission (ground c)
Whether the requirements of the enforcement notice go beyond what is reasonably necessary to remedy the breach (ground f)

What decided it

The annexe is used independently as a separate dwelling with self-contained facilities and separate access arrangements, constituting a material breach of condition 4 which requires ancillary use only, and no planning permission has been granted to permit the independent residential use.

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