Planning appeal decision
Land Rear of Marigolds , Main Road, Bicknacre, Chelmsford, Essex, CM3 4HD
Planning appeal 3356087 at Land Rear of Marigolds , Main Road, Bicknacre, Chelmsford, Essex, CM3 4HD (Chelmsford Borough Council) was dismissed on 11 February 2026 by Inspector Braithwaite J, by written representations. The main issue, as the Inspector framed it: Whether the use of the building known as Old Bakery Barn as a dwelling has subsisted continuously for the four year period prior to the date of the application (20 July 2019) such that it is immune from enforcement action and thus lawful residential use.
Certificate of lawful use or development for use of garage as dwelling and use of surroundings as residential curtilage
- Authority
- Chelmsford Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Braithwaite J
- Postcode
- CM3 4HD
Main issues, as the Inspector framed them
- Whether the use of the building known as Old Bakery Barn as a dwelling has subsisted continuously for the four year period prior to the date of the application (20 July 2019) such that it is immune from enforcement action and thus lawful residential use
What decided it
The Appellant failed to provide sufficient precise and unambiguous evidence, beyond inconclusive Statutory Declarations, to demonstrate that residential use of Old Bakery Barn subsisted continuously for the four year period prior to the application date, particularly the absence of Council Tax registration, utility payments, and Electoral Register evidence.
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.
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