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Planning appeal decision

Notice varied and upheld19 May 20263358290

95 Nayland Road , Colchester , CO4 5EN

Planning appeal 3358290 at 95 Nayland Road , Colchester , CO4 5EN (Colchester Borough Council) was allowed in part (a split decision) on 19 May 2026 by Inspector Robbie G, by written representations. The main issue, as the Inspector framed it: Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or any injury to amenity (ground f).

without planning permission, the subdivision of a dwellinghouse to create two self-contained dwelling houses, including the raising of the roof, removal of a chimney and the construction of a two-storey rear extension. (“The Activity”)

Authority
Colchester Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Robbie G
Postcode
CO4 5EN

Main issues, as the Inspector framed them

  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control or any injury to amenity (ground f)
  • Whether the compliance period specified in the notice is reasonable (ground g)

What decided it

The appellant failed to propose any alternative scheme and the notice requirements represent the minimum necessary steps to remedy the material change of use breach.

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld25 March 20263361715
    Elliot Minimarket, 3 St. Botolphs Circus, Colchester, CO2 7EF
  2. Planning permission granted17 March 20263309435
    3 Firs Chase, West Mersea, Colchester, Essex, CO5 8NG
  3. Notice varied and upheld6 March 20263364430
    Lexden Lodge Kindergarten, 26 Lexden Road, Colchester, Essex, CO3 3QD
  4. Notice varied and upheld12 February 20263338044
    84 Coggeshall Road, Marks Tey, Colchester, CO6 1LS
  5. Notice varied and upheld29 January 20263327805
    Cherry Garden Earls Colne Road, Great Tey, Colchester, CO6 1AL

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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