95 Nayland Road , Colchester , CO4 5EN

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

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.

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