Appeal iro 13/00370/FUL - DECISION PUBLISHED!

We have just got confirmation that the Appeal by Autoval Limited against the refusal of Rochford District Council Planning Dept iro Application 13/00370/FUL has been DISMISSED by the Planning Inspectorate.

The Appeal Decision documentation is attached here for your information:

APPEAL DECISION DOCUMENT

(please be aware that this is a dropbox file and some computors accessed in a work environment may not be able to access the data)

Thank you to all those who supported the efforts in relation to representations on behalf of the South Fambridge residents and all those including locals, friends and families from further afield who appreciate and enjoy South Fambridge as visitors and who have had their say with regard to their concerns in respect of all the planning applications since 2011 in relation to the Former Shellfish Packing Station Site.

This site will now be carefully monitored to ensure there are no further planning breaches and we appreciate your continued support and we will up-date here if there are any further developments regarding future planning proposals.

Thank you again.

13/00370/ful Appeal up-date - SITE VISIT DATE

I have just been informed by a resident of South Fambridge that the Inspector dealing with the Appeal in respect of application 13/00370/FUL will be making a site visit to the Former Shellfish Packing Station in South Fambridge on Monday 28th July 2014 at 10.30 am

Bohill Response dated 4th April 14 to the Appeal (13/00370/FUL) Respresentations

This is an up-date for your information regarding Bohills response on behalf of Autoval Ltd to the Appeal representations.

Bohill Response to to Appeal representations dated 4th April 14
(Please note this is a dropbox file and may not be accessible via computers in a commerce environment)

Further up-dates will appear here as and when they are known.

Thank you.

Solicitors Appeal Wriiten representation on behalf of South Fambridge Village

Firstly, a big thank you to all those who very kindly pledged money towards the costs of a solicitor acting on behalf of residents of South Fambridge Village in respect of a written representation for the Appeal.  Please find attached the written representation made by Holmes and Hills LLP Solicitors.

Holmes and Hills LLP Solicitors Appeal written Representation on behalf of residents of South Fambridge.

(this is a dropbox file and viewing may be restricted if viewing from a work environment)
(Apologies for the delay ....I have been struggling to up-load some of the Photos...there were some additional photos submitted which do not appear here.)

The Ashingdon Parish Council has very kindly agreed to pay 50% of the Solicitors invoice and so the balance will be collected shortly.

Thank you again for your support and also to all those who added further additional representations in respect of this appeal and especially thank you to Marcus and Emma for arranging the Solicitors involvement and communicating with the village residents.

Appeal Info

Case Officer

This is an extract from an email received from Mike Stranks Rochford District Council Planning: 

"The appeal case officer is Joanna Martin. You must address all  contact to her and you must use the appeal reference number APP/B1550/A/14/2212516.

There are no details of the inspector yet. That’s not surprising. The Inspector is not generally given the case until al the paperwork is complete, in this case after 1^st April.

 

As the inspector can see the site from public land such as the footpaths – we may not get notified of the need for an accompanied  site visit. That being the case , we will only learn of the inspectors details when he or she makes their decision.

 

A point about the council’s defence.

 

You refer to the below case which I will look at. However, from your summary it appears this case may argue against such use on appearance grounds.

 

The council can only address the two reasons for refusal. These are based upon the intensification in the use of the site and the affect that has upon the highway network, the bridle way  and the wider amenity of nearby residents.

 

The council has to be very careful so as not to introduce new reasons such as visual impact. This is not allowed .

 

Of course as third parties, you are relatively free to submit your objections. It may be that you differ to the council’s conclusions in your reasoning and are therefore entitled to refer to this case. This is a matter  you can consider."

 We have been trying to publish a letter on here to help out those who need help in making further representations but I would now urge (particulary residents)  that if you have time you should be prepared to make your own representations. (deadline is 11th March 2014)

The document below gives you an insight into the response scenario of this type of location and the aspects considered (this appeal was on another site in North Fambridge in 2011), but as far as the RDCP is concerned their defense must be based on their reasons for their refusal.  However, we can make representations based on the refusal but can include other aspects such as in this document to illustrate our point. 

The inspectorate will focus on the reasons for refusal on the RDCP application however residents views are clearly considered (based on the above document) even if the subject matter does not form part of the principle parties arguments.

Click here to view:
 Appeal Decision statement for similar case in North FambridgeNorth Fambridge

13/00370/FUL Appeal lodged against REFUSAL of Planning Application

As you will now be aware an Appeal has been lodged against the REFUSAL of Planning Application 13/00370/FUL iro the Former Shellfish Packing Station.  Here is the Notification of Appeal letter from the Rochford District Council advising of the Appeal process:

Appeal letter Page 1
Appeal letter Page 2

Details of the Appeal as submitted by the Planning Agent Anthony Bohill on behalf of Autoval Ltd can he found on the Rochford District Council website click here or as PDF's  here:

Appeal - Appellants Statement
Appeal - Appellents Initial Appeal

The following link will help let you know what you can do.
Guide to taking part in planning appeal

South Fambridge Village representatives are hopefully getting together early next week to discuss the current situation and further information will be published on here shortly should you need more guidance. 

The deadline date for written representations other that those already submitted to the Planning Inspectorate by the Rochford District Council in relation to the planning application is on: 11th March 2014 (to be received by that date)

More information will follow in due course.