Planning appeal decision
The Lexden Crown, 235 Lexden Road, COLCHESTER, Essex, CO3 4DA
‘Without the benefit of planning permission, the erection of a marquee and timber canopy in pub garden (“The Activity”). (For the avoidance of doubt, this is the marquee and timber canopy in the photograph attached to this notice)’
- Authority
- Colchester Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- leisure-sport · Other minor developments
- Inspector
- Griffin E
Main issues, as the Inspector framed them
- Whether the marquee and timber canopy constitute a breach of planning control
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach
- Whether the period for compliance is reasonable
What decided it
The marquee satisfies all three factors in the Skerritts test (substantial size, permanence over 2.5 years, and physical attachment to ground) and therefore constitutes a building requiring planning permission, making the enforcement notice justified.
The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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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