Hughes Meats (UK) Ltd, 81 Main Road, Broomfield, CHELMSFORD, CM1 7BU
Chelmsford Borough Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 31 August 2021
- Authority
- Chelmsford Borough Council
- Inspector
- Chalk M
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Change of use
- Appellant
- Mr J Lipschitz
- Agent
- EA Town Planning Ltd
- LPA reference
- 21/00036/CUPAM
- ONS LPA code
- E07000070
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 4 June 2021
Summary AI
The appeal was dismissed because the proposed development cannot be considered permitted development due to a condition imposed by the original planning permission.
PDF text
Hughes Meats (UK) Ltd, 81 Main Road, Broomfield, CHELMSFORD, CM1 7BU — Chelmsford Borough Council — Appeal Decision Site Visit made on 26 July 2021 by M Chalk BSc (Hons) MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 31st August 2021 Appeal Ref: APP/W1525/W/21/3270250 81 Main Road, Broomfield, Chelmsford, CM1 7BU • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 3, Class M of the Town and Country Planning (General Permitted Development) Order 2015 (as amended). • The appeal is made by Mr J Lipschitz against the decision of Chelmsford City Council. • The application Ref 21/00036/CUPAM, dated 24 December 2020, was refused by notice dated 3 February 2021. • The development proposed is change of use of former rear building to provide 1no self- contained flat. Demolition of link between two buildings and new entrance door and window to flat. Insertion of 1no window in side elevation. Decision 1. The appeal is dismissed. Preliminary Matters 2. The Government released a revised National Planning Policy Framework in July 2021. The main parties were invited to comment on the revised document. Main Issues 3.
Hughes Meats (UK) Ltd, 81 Main Road, Broomfield, CHELMSFORD, CM1 7BU — Chelmsford Borough Council — Appeal Decision The main issue is whether the appeal proposal amounts to permitted development, accounting for the condition imposed on permission ref 86/0444. Reasons 4. The Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) states that it does not permit development contrary to any condition imposed by any planning permission granted. 5. The part of the building the subject of this appeal was constructed following a grant of permission subject to a condition restricting it to a use ancillary to the then-existing butchers’ shop. Neither the cessation of the butchers use with conversion of the shop to residential nor the demolition of part of the approved extension results in the removal of that condition. The proposed works cannot therefore amount to permitted development. 6. There is accordingly no need to consider further whether the proposed works would be reasonably necessary to convert the building into a dwelling. Conclusion 7. For the reasons set out above, the appeal fails.
Hughes Meats (UK) Ltd, 81 Main Road, Broomfield, CHELMSFORD, CM1 7BU — Chelmsford Borough Council — M Chalk INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Planning obligations Against appellant ¶4
The condition restricting the use of the building to a use ancillary to the butchers' shop was not removed by the cessation of the butchers' use or the demolition of part of the approved extension.
Planning obligations Against appellant ¶5
The proposed works cannot amount to permitted development because they would contravene the condition imposed by the original planning permission.
Living conditions Neutral ¶6
There was no need to consider whether the proposed works would be reasonably necessary to convert the building into a dwelling, as the appeal failed on other grounds.
Site constraints from the Casework Database
Source
Decision letter, 1 pages, issued by the Planning Inspectorate on 31 August 2021 under the Open Government Licence.