Council forced to pay costs over unreasonable action against controversial site - but it may yet have the last say

THURROCK Council planning officers 'behaved unreasonably' and reached the wrong judgement in rejecting a rural planning application - the Planning Inspectorate has decided.
And it has awarded costs of a appeal hearing to be paid by the authority, which its says reached a decision that 'fell outside of consideration of the application'.
However, despite losing the appeal, and paying costs – which are not known, the council may yet have the last say on matters surrounding the controversial site on the former Greenwise Nursery on the northern borough borders close to the Five bells roundabout in Vange.
The application adjudicated on by the inspectorate is a historic one, which relates to an application to tarmac a road on the site, which at the time was on an undeveloped site.
Subsequently the site has been significantly developed in a fashion with appears unlawful and the council's enforcement teams are believed to be on the brink of action to shut it down.
The site has been widely reported on Thurrock Nub News, most recently over increasing concerns by residents about the site.
The planning inspectorate's decision indicate that Thurrock Council was guilty of looking at the wider, future prospects of development at the site, rather than the matters immediately at hand.
In a verdict delivered this week, planning inspector C. Houson says: "Representations have also been received from interested parties raising concern over the wider site.

"This includes the erection of new buildings, earthworks, hard surfacing and subdivisions of the site into separate planning units, and matters regarding the access, traffic, surface water flooding, noise and dirt along with the removal of boundary vegetation and its replacement with metal fencing which has resulted in disturbance and safety risks.
"However, matters relating to whether the site is being used outside the scope of its lawful use and any potential development which has occurred without the benefit of planning permission would fall outside the scope of this appeal."
The 'new buildings, earthworks, hard surfacing and subdivisions of the site into separate planning units' have subsequently happened – all without planning permission being granted by the council.
A recent fire at the site focussed attention on the issue and highlighted concerns and fears from nearby residents. Senior council members, including officers, have confirmed enforcement action is being considered in the light of the expansion and development of the site.
A statement today (Friday, 8 August) from the council said: "The council is currently considering the outcome of the Planning Inspectorate decision. As this is a live investigation we cannot provide further public comment at this stage."
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