Lawful Development Certificate Appeal Granted in Chelmsford

In 2024, I secured a successful appeal against Chelmsford City Council, obtaining a Lawful Development Certificate (LDC) for the positioning of three storage containers at a residential property within the Metropolitan Green Belt near Margarerrting, Essex.

The Planning Issue

The Council had refused the LDC application, arguing that the containers did not constitute buildings for planning purposes and that their positioning would amount to a material change of use of the land.

Our position was that the containers were permitted development under Class E of the Town and Country Planning (General Permitted Development) Order 2015, requiring no express planning permission.

The central planning issues were whether the containers constituted buildings, whether the land they occupied fell within the curtilage of the dwelling, and whether their use for domestic storage was incidental to the enjoyment of the dwellinghouse.

I built a case addressing each issue in turn.

On the question of buildings, I demonstrated that the containers, each requiring specialist equipment to move, had a permanent character and would be affixed in position through their own weight, satisfying the established criteria of size, permanence and physical attachment.

On curtilage, I showed that the land in question was used as part of the garden, contained a swimming pool and vegetable growing area, and was so intimately associated with the dwelling as to form part and parcel of it.

On incidental use, I provided clear evidence that the containers were genuinely needed to store domestic items including garden furniture, tools and children's play equipment.

The Inspector agreed on all three points and issued the certificate accordingly.

Planning Appeal Advice

If you have a development project and you have received a planning refusal, contact me for practical advice on whether an appeal is the right option and how to proceed.

Andrew Ransome MRTPI Email: andrew@adpltd.co.uk | Tel: 01206 242070

About me

Andrew Ransome is the planning director at ADP and is a chartered member of the RTPI, with over 22 years of town planning experience.

Andrew has extensive experience offering strategic planning solutions to challenging projects in both rural and urban settings. Follow him on Linkedin.

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