An appeal against a planning enforcement notice served by the Council in relation to the unauthorised mixed-use activity at Stock Street Farm Barn in Coggeshall has been dismissed.
The appeal was dismissed by an independent Planning Inspector.
A planning application to allow various entertainment and event uses on the site was received in 2017 and was refused on the basis that activity on site was leading to harm to heritage assets, highway safety concerns and lack of sufficient on-site parking for events. An appeal against that refusal of planning permission was lodged by the owner of the site and was subsequently dismissed by an independent Planning Inspector in 2019.
In April 2022, Braintree District Council issued an enforcement notice on the business as it was operating without the necessary planning permission. The owner of the site appealed the enforcement notice and this was heard by an independent Planning Inspector on 7 and 8 December 2023.
The Inspector’s decision on that appeal was published on 30 April, showing that the inspector upheld the enforcement notice, recognising that the owner of the site “has sustained an unlawful use of the site since circa 2016” and did “not dispute that there is a breach of planning control at the site”.
The Inspector agreed with the council that the proposed “change of use for this venue has a detrimental impact upon heritage assets and highway safety” and in reaching their decisions “the benefits do not outweigh the heritage harm identified to justify a grant of planning permission.”
A Braintree District Council spokesperson, said: “We know this is a valued business in the community, however unfortunately in this case, the current business activity on the site is taking place entirely without planning consent and therefore endangering an important historical building and the safety of road users on the A120. We have a duty as the local planning authority to take action against any business or individual breaching planning law when it is expedient to do so and act in the interests of building and resident safety.
“In this instance the business continued to operate the unauthorised use in breach of planning control, and the independent Planning Inspector agreed with our reasoning that the change of use for this venue has a detrimental impact upon heritage assets and highway safety, which meant it did not meet national planning policy requirements to grant planning permission for its use.
“We take planning breaches seriously, demonstrated by this robust enforcement action, and the decision taken by the Planning Inspector to dismiss this appeal should act as a deterrent to anyone who may commit similar breaches of planning control.”
The Planning Inspector has instructed the business that they must comply with the enforcement notice by ceasing use of activity and car parking within 2 months.
Over the last two years, Braintree District Council has invested into its Planning Enforcement to enhance the service and increase resource following feedback from residents and parish councils.
Residents who suspect there may be a planning breach in the district can report it to Braintree District Council at www.braintree.gov.uk/planningenforcement