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Planning appeal decision

Notice varied and upheld28 October 20253350072

The Lexden Crown, 235 Lexden Road, Colchester, Essex, CO3 4DA

Planning appeal 3350072 at The Lexden Crown, 235 Lexden Road, Colchester, Essex, CO3 4DA (Colchester Borough Council) was allowed in part (a split decision) on 28 October 2025 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: Whether the marquee and timber canopy constitute a breach of planning control.

‘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
Postcode
CO3 4DA

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 decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2025

  1. Notice varied and upheld19 May 20263358290
    95 Nayland Road , Colchester , CO4 5EN
  2. Notice varied and upheld25 March 20263361715
    Elliot Minimarket, 3 St. Botolphs Circus, Colchester, CO2 7EF
  3. Planning permission granted17 March 20263309435
    3 Firs Chase, West Mersea, Colchester, Essex, CO5 8NG
  4. Notice varied and upheld6 March 20263364430
    Lexden Lodge Kindergarten, 26 Lexden Road, Colchester, Essex, CO3 3QD
  5. Notice varied and upheld12 February 20263338044
    84 Coggeshall Road, Marks Tey, Colchester, CO6 1LS

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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