Case 3324846

10 Dining, 10 Civic Square, TILBURY, RM18 8AD

Thurrock Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
8 February 2024
Authority
Thurrock Borough Council
Inspector
Davies N
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor general industry/storage/warehousing
Appellant
Mr Suhjit Patel
LPA reference
22/01570/FUL
ONS LPA code
E06000034
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 October 2023

Summary AI

The appeal for a development of standard 20 feet shipping containers in Tilbury was dismissed due to concerns over the visual impact on the character and appearance of the area. The shipping containers were deemed to be out of keeping with the locality and would cause harm to the residential living environment.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision Site visit made on 23 January 2023 by N Davies BA DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 8 February 2024 Appeal Ref: APP/M1595/W/23/3324846 10 Civic Square, Tilbury, Thurrock RM18 8AD • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr Suhjit Patel against the decision of Thurrock Council. • The application Ref 22/01570/FUL, dated 23 November 2022, was refused by notice dated 24 January 2023. • The development proposed is standard 20 feet shipping containers linked together on hard standing. Decision 1. The appeal is dismissed. Preliminary Matters 2. Revised versions of the National Planning Policy Framework (the Framework) have been published since the planning application was determined by the Council. Both main parties have had the opportunity to comment on any relevant implications for the appeal. I have had regard to the latest version of the Framework in reaching my decision. 3. I have taken the description of the proposed development from the planning application form albeit I have removed wording that does not relate to the act of development.

Page 1 · Chunk 1 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision I note the description of proposed development varies on other documents. 4. The planning application form indicates that the development has already taken place and I was able to view the shipping containers at the time of my visit. Main Issue 5. The main issue raised by this appeal is the effect of the proposed development on the character and appearance of the area. Reasons 6. The proposal relates to four shipping containers that have been interlinked to provide one singular storage unit with refrigeration. As noted above, the shipping containers are in situ. Nonetheless, the proposal also seeks permission for the installation of a felt pitched roof and the painting of the external surfaces of the containers a dark grey. Although the appellant suggests that the containers are to be timber clad, the existing and proposed plan that supports the planning application and the information provided on the https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision Appeal Decision APP/M1595/W/23/3324846 planning application form do not suggest this to be the case. Rather, the proposed plan and form indicate the exterior of the shipping containers to be painted. I have considered the proposal as that which was before the Council and upon which the Council made its decision. 7. The shipping containers are sited close to the rear garden of a residential property. The units would be clearly visible to neighbouring residential occupiers in both Arkwright Road and Manor Road. They would also be visible to the occupiers of the residential properties above the Civic Square commercial parade. 8. Although it is proposed to paint and roof the shipping containers, they are by design, shipping containers and would retain such an appearance. Whilst located behind a row of commercial premises the site is situated immediately adjacent to a residential area. Shipping containers are not a feature associated with residential areas and are visually out of keeping for this reason. Their size, design and utilitarian form causes visual harm to the character and appearance of the locality. This harm is clearly visible in the outlook of existing neighbouring residential occupiers. 9.

Page 2 · Chunk 3 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision The occupiers of neighbouring properties should reasonably expect to enjoy an acceptable outlook as part of their residential lives. There are other structures, such as garages, sheds and outbuildings, to the rear of the commercial premises and within the area. Nonetheless, the proposal introduces structures substantially out of keep with the locality that are clearly visible over existing boundaries. The visual harm arising from the presence of the shipping containers, even if painted and hosting a pitched roof, would diminish the enjoyment of the residential living environment for neighbouring occupiers and would harm the enjoyment the existing occupiers should reasonably expect to enjoy. 10. The site is not within a Conservation Area and there are no Listed buildings close by. The proposal would support economic growth and productivity of a local business. The use of this underused site ancillary to the existing business would support this aim and potentially allow the business to expand. Furthermore, I note that there have not been any local objections raised to the proposal. Whilst these may be merits of the case, they do not overcome my above concerns or justify the proposed development. 11.

Page 2 · Chunk 4 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision For these reasons, I conclude that the proposed development would be harmful to the character and appearance of the area. The proposal would, therefore conflict with Policies CSTP23 and PMD2 of the Thurrock Local Development Framework Core Strategy and Policies for Management of Development 2015 and the provisions of the Framework. These policies and the Framework seek, amongst other matters, development to be of high quality design and to consider the sensitivity of the site and its surroundings. Other Considerations 12. My attention has been drawn to two planning permissions granted by the Council for storage containers elsewhere. Whilst I have been provided the decision notices and plans relating to those developments, I have not been provided with any Council reports that might assist my understanding as to why those developments were considered acceptable by the Council. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Appeal Decision Appeal Decision APP/M1595/W/23/3324846 13. Notwithstanding this, one site relates to Thurrock Community Hospital where the circumstances of that site would be very different to that of the site before me. The other site relates to 12 Broadway, Grays. That proposal related to only one storage container that appears to have greater separation between it and neighbouring residential properties. Whilst the proposals may relate to a similar type of development as proposed here, the acceptability of those other developments will depend on the individual circumstances of those sites. Therefore, they can and should be considered on their own individual merits. 14. I have also been provided photographs of shipping containers advised to be located at The Old Anchor Pub and to the rear of 7 and 8 Civic Square. However, I have not been advised whether or not either of these examples benefit from planning permission. Conclusion 15. Having regard to the above findings, the appeal should be dismissed.

Page 3 · Chunk 6 Nicola Davies

10 Dining, 10 Civic Square, TILBURY, RM18 8AD — Thurrock Borough Council — Nicola Davies INSPECTOR https://www.gov.uk/planning-inspectorate 3

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶8

The shipping containers would retain their utilitarian form and be visually out of keeping for the residential area, causing harm to the character and appearance of the locality.

Character and appearance
Against appellant
¶9

The visual harm arising from the presence of the shipping containers would diminish the enjoyment of the residential living environment for neighbouring occupiers.

Other
Neutral

The inspector noted that the proposal would support economic growth and productivity of a local business, but this did not outweigh the concerns over visual impact.

Policies relied on

Reference Weight
CSTP23 and PMD2
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 8 February 2024 under the Open Government Licence.