Róisín Finnegan is successful in Planning Enforcement Inquiry

Róisín Finnegan was instructed by Basildon Borough Council.

The appeals were brought against four enforcement notices issued by the Council and proceeded under section 174(2)(a), (b), (c), (e), (f) and (g) of the Town and Country Planning Act 1990.

All appeals were dismissed, subject to minor agreed variations, and variations for time limits for compliance.

The appeal concerned two areas of land (Key Cottage, and land to the south of Key Cottage) and the material change of use of such areas of land to a mixed commercial and residential uses and the unauthorised development of outbuildings and hardstanding, and the siting of a mobile home for residential use.

The central issues required consideration of whether the uses of the land could be properly characterised as incidental, and whether land to the south of Key Cottage formed part of the curtilage of Key Cottage. This involved consideration of the historic uses of the land and proper planning unit. The Council’s case was accepted, namely, that both areas of land constituted distinct planning units.

As for the ground (a) appeals, it was found that the development would be inappropriate development in the Green Belt which was afforded substantial weight. The development was further found to harm the character and appearance of the area. No very special circumstances were found to exist. The fact that the Council does not have a five-year housing supply did not outweigh these considerations.

Appeal decision can be found here.