Case 3376153

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ

Epping Forest District Council — appeal allowed

Outcome
Allowed
Decision date
6 February 2026
Authority
Epping Forest District Council
Inspector
Dring G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Unknown
Development type
Minor general industry/storage/warehousing
Appellant
Mr Ozbay Kent
LPA reference
EPF/0981/25
ONS LPA code
E07000072
Jurisdiction
Transferred
Link status
Not Linked
Start date
3 December 2025

Summary AI

The appeal was allowed for a single storey outbuilding for use as horticultural storage and for heavy machinery storage in the Green Belt. The development complies with Policy DM4 of the LP and paragraph 154 a) of the Framework.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Site visit made on 20 January 2026 by G Dring BA (Hons) MA MRTPI MAUDE an Inspector appointed by the Secretary of State Decision date: 06 February 2026 Appeal Ref: APP/J1535/W/25/3376153 Yelverton St Leonards Road, Nazeing, Waltham Abbey, Essex EN9 2HQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Ozbay Kent against the decision of Epping Forest District Council. • The application Ref is EPF/0981/25. • The development was described as ‘retrospective single storey outbuilding on agricultural land for use as horticultural storage and for heavy machinery storage’. Decision 1.

Page 1 · Chunk 1 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Site visit made on 20 January 2026 by G Dring BA (Hons) MA MRTPI MAUDE an Inspector appointed by the Secretary of State Decision date: 06 February 2026 Appeal Ref: APP/J1535/W/25/3376153 Yelverton St Leonards Road, Nazeing, Waltham Abbey, Essex EN9 2HQ • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Ozbay Kent against the decision of Epping Forest District Council. • The application Ref is EPF/0981/25. • The development was described as ‘retrospective single storey outbuilding on agricultural land for use as horticultural storage and for heavy machinery storage’. Decision 1.

Page 1 · Chunk 2 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision The appeal is allowed and planning permission is granted for single storey outbuilding for use as horticultural storage and for heavy machinery storage at Yelverton St Leonards Road, Nazeing, Waltham Abbey, Essex EN9 2HQ in accordance with the terms of the application, Ref EPF/0981/25, and the plans identified as Proposed Floor Plans and Elevations (including Location Plan) (102-A) and Proposed Site Plan, subject to the following condition: 1) The outbuilding hereby approved shall be used only for agricultural or horticultural purposes and incidental facilitative means for such. Preliminary Matters 2. The development had been built at the time of my site visit. I will deal with the appeal accordingly. 3. I have taken the description of development in the decision section above from the application form, removing wording that does not form an act of development, in the interests of clarity. 4. In its reason for refusal, the Council has referred to an existing adjacent outbuilding granted permission previously on appeal1 and the mixed use of the wider appeal site, in addition to the outbuilding applied for under the planning application that is the subject of this appeal.

Page 1 · Chunk 3 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Given the description of development refers only to the outbuilding, as identified on the drawings, this is what I must consider. Therefore, given the context of this appeal, it is not within my remit to formally consider the use of the wider site. I note the appellant has identified that the appearance of the wider site could be enhanced by the removal of paraphernalia and through improved landscaping. Nevertheless, this is a matter beyond the scope of this appeal and as such I have not addressed it in my reasoning below. 1 APP/J1535/C/21/3280595 https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 4 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Given the description of development refers only to the outbuilding, as identified on the drawings, this is what I must consider. Therefore, given the context of this appeal, it is not within my remit to formally consider the use of the wider site. I note the appellant has identified that the appearance of the wider site could be enhanced by the removal of paraphernalia and through improved landscaping. Nevertheless, this is a matter beyond the scope of this appeal and as such I have not addressed it in my reasoning below. 1 APP/J1535/C/21/3280595 https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 5 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/25/3376153 Main Issues 5. The main issues are: • whether the development is inappropriate development in the Green Belt having regard to the National Planning Policy Framework (the Framework) and any relevant development plan policies, and if so, the effect of the development on openness; and • the effect of the development on the character and appearance of the area. Reasons Whether the development is inappropriate development in the Green Belt 6. There is no dispute between the parties that the appeal building is located within the Green Belt. Part B of Policy DM4 of the Epping Forest District Local Plan 2011- 2033 Part One Adopted March 2023 (LP) states that within the Green Belt, planning permission will not be granted for inappropriate development, except in very special circumstances, in accordance with national policy. Part C of LP Policy DM4 sets out a number of different exceptions where certain forms of development would not constitute inappropriate development in the Green Belt, including buildings for the purposes of agriculture or forestry. 7.

Page 2 · Chunk 6 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision The Framework states that inappropriate development is, by definition, harmful to the Green Belt and should not be approved except in very special circumstances. Paragraph 154 of the Framework sets out where certain types of development are not inappropriate development in the Green Belt. Criterion a) of paragraph 154 includes buildings for agriculture and forestry as an exception. 8. The outbuilding subject to this appeal is a single storey building made of various recycled materials, including timber cladding. It is situated to the southwest of the appeal site, directly adjacent to another outbuilding, which I am told by both parties was granted permission on appeal2 in January 2023. 9. Paraphernalia, including building materials, vehicles and other small buildings and structures are located on the wider appeal site to the east of where the outbuilding is located. Along with these items and buildings, there is a substantial number of plants, shrubs and trees in pots, particularly along the length of the access track which lies between the road and the rear of the appeal site where the outbuilding is located.

Page 2 · Chunk 7 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Whilst I note the Council has raised concerns about the mixed use of the wider appeal site, as stated above, I must consider only that which has been applied for, which is the outbuilding. 10. The appellant has set out in their appeal statement that the use of the outbuilding is for horticultural purposes, confirming that was the purpose it was built for. On site, I witnessed that the outbuilding appeared to be in use for horticultural means. There were various plants, pots, sprayers, hand held tools, compost and other equipment present that suggest a horticultural use within the building. The area identified on the drawing as the ‘garage’ housed a ride on lawnmower. 11. I understand that the Council is concerned that the need for additional horticultural storage has not been evidenced, nevertheless, there is very little information 2 APP/J1535/C/21/3280595 https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 8 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/25/3376153 before me that suggests the outbuilding is not being used for such a purpose. I also note that the appellant has not raised any objection to the condition suggested by the Council, in the event that the appeal is allowed, which would restrict the development to be used solely for the purposes of agricultural storage and horticultural machinery. 12. I note the Inspector in the 2023 decision identifies the appellant’s stated intention for the use of the adjacent building and that they did not object to the Council’s suggestion that the building, if permitted, should be subject to a condition restricting its use for agricultural/horticultural purposes. The Inspector in that case was satisfied that the intention was to use the building for related means. Without substantive evidence which suggests I should take a different approach, I concur with the assessment made by the previous Inspector. 13. Should the use of the outbuilding go beyond the identified use, in conflict with the restriction of any condition imposed in this respect, this would be a matter for the Council to consider. 14.

Page 3 · Chunk 9 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Taking all of these considerations together, I find that the outbuilding in this case constitutes a horticultural building which falls under the definition of an agricultural building. Consequently, I find that the development is not inappropriate development in the Green Belt. It therefore complies with Policy DM4 of the LP and paragraph 154 a) of the Framework, the aims of which are set out above. 15. As I have found that it does not represent inappropriate development, there is no requirement for me to consider the effect of the development on openness. Also, for the same reason, there is no requirement to question whether very special circumstances are demonstrated in this instance. Character and appearance 16. The outbuilding is constructed of different recycled materials. It is a single storey building set off from the boundaries of the site. The predominant materials used in its construction are timber cladding on the walls and corrugated sheeting on the roof. A variety of different windows have been re-used and form a feature of the overall design approach.

Page 3 · Chunk 10 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision It is formed of similar materials and design aesthetic to the other existing outbuilding to which is sits directly adjacent, albeit it is smaller in footprint and scale. 17. The outbuilding is situated to the southwest of the site, set back a significant distance from the road. Vegetation is located along the boundaries which provides screening of both the outbuilding and the wider site. Public views of the outbuilding are therefore limited. Where it can be viewed, mainly from within the wider site or from areas directly adjacent, it appears subservient to and in keeping with the other existing outbuilding previously granted permission. As a result, I do not find that the development appears unduly prominent in the landscape. 18. I therefore find that the development does not have a harmful effect on the character and appearance of the area. It therefore accords with Policy DM9 of the LP, which seeks, amongst other things, that developments relate positively to their context, drawing on the local character. https://www.gov.uk/planning-inspectorate 3

Page 4 · Chunk 11 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/25/3376153 Other Matter 19. The Parish Council did not object to the planning application but has since raised an objection to the appeal. However, whilst it is stated that this change in stance has resulted from the receipt of further information and evidence, I have no details on what that information is or why the Parish Council object to the development. For the above reasons, I have found that the development is in accordance with the development plan. Conditions 20. I have considered the Council’s suggested planning conditions in light of the Framework and Planning Practice Guidance. I have also had due regard to the retrospective nature of the appeal. Whilst I have not included a plans condition, I have referred to the relevant drawings in the decision to ensure they are identified for clarity. A condition requiring that the outbuilding is to be used for the purposes applied for is necessary to prevent inappropriate development in the Green Belt. I have altered the suggested wording provided by the Council, so that it corresponds with the restriction on the adjacent outbuilding in the interests of consistency. Conclusion 21.

Page 4 · Chunk 12 Appeal Decision

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — Appeal Decision For the above reasons and having had regard to the development plan as a whole, the appeal is allowed subject to a condition restricting its use.

Page 4 · Chunk 13 G Dring

Yelverton St. Leonards Road, Nazeing, WALTHAM ABBEY, EN9 2HQ — Epping Forest District Council — G Dring INSPECTOR https://www.gov.uk/planning-inspectorate 4

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

Main issues and findings

Green belt
Against appellant
¶14

The outbuilding constitutes a horticultural building which falls under the definition of an agricultural building. It therefore complies with Policy DM4 of the LP and paragraph 154 a) of the Framework.

Character and appearance
For appellant
¶17

The outbuilding is set back a significant distance from the road, and vegetation provides screening. It appears subservient to and in keeping with the other existing outbuilding.

Policies relied on

Reference Weight
Policy DM4 of the LP and paragraph 154 a) of the Framework
Determinative
Policy DM9 of the LP
Substantial

Site constraints from the Casework Database

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

Source

Decision letter, 4 pages, issued by the Planning Inspectorate on 6 February 2026 under the Open Government Licence.