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Planning appeal decision

Quashed On Legal Grounds6 May 20253358386

6 Highland Avenue, Dagenham, Essex, RM10 7AS

Planning appeal 3358386 at 6 Highland Avenue, Dagenham, Essex, RM10 7AS (London Borough of Barking and Dagenham Council) was decided (quashed on legal grounds) on 6 May 2025 by Inspector White P, following a hearing. The main issue, as the Inspector framed it: The appeal on ground (b): whether the matters constituting the breach of planning control alleged in the notice have occurred.

without planning permission, the unauthorised use of the outbuilding at the rear of the property as a catering business

Authority
London Borough of Barking and Dagenham Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
other · Householder developments
Inspector
White P
Postcode
RM10 7AS

Main issues, as the Inspector framed them

  • The appeal on ground (b): whether the matters constituting the breach of planning control alleged in the notice have occurred
  • The appeal on ground (c): whether a material change of use has occurred, and whether the catering use is incidental to the use of the Land as a dwellinghouse

What decided it

The scale and environmental effects (noise, odour, visitor numbers) of the home catering use were found to be low and not materially different from those that could occur from any ordinary dwellinghouse, so no material change of use had occurred.

What the Inspector cited

Judgments
Sage v SSLGC [2021] EWHC 2885 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Barking and Dagenham Council

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

  1. Notice varied and upheld11 June 20263347715
    Land on the South Eastern Side of Collier Row Road , Romford , Essex , RM5 2BH
  2. Dismissed8 May 20266002379
    33 Sandown Avenue, Dagenham, RM10 8XD
  3. Dismissed13 April 20266002839
    22 Whitebarn Lane, Dagenham, RM10 9LH
  4. Dismissed27 March 20263370715
    82 Holgate Road, Dagenham, Essex, RM10 8NB
  5. Notice varied and upheld27 March 20263340354
    197 Broad Street, Dagenham, RM10 9JD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.