Apple storage barn at Land North West Of Riversleigh, Nipsells Chase, Mayland

What was proposed

The application sought retrospective permission to retain a single-storey building as an apple storage barn, with internal and external changes.

“Application Number 26/00053/FUL Location Land NorthWest of Riversleigh, Nipsells Chase, Mayland Proposal S73A application to retain existing building as an apple storage barn (in common with original planning permission 18/00280/FUL) with associated amendments to external appearance and internal fittings and fixtures.”

“The application is made under Section 73A of the Town and Country Planning Act 1990 and seeks retrospective planning permission to retain the existing building as an apple storage barn, in alignment with the lapsed planning permission granted under application ref 18/00280/FUL, with associated amendments to the external appearance and internal fittings and fixtures.”

Officer report

The site and surroundings

The building lies in a rural area outside Mayland, beside an orchard and accessed by a private track shared with a restricted byway.

“The application site is located on the western side of Nipsells Chase within a rural area outside the defined settlement boundaries of Mayland. The site forms part of the applicant's wider land holding and contains the single storey building known as The Apple Store. The site is accessed from Nipsells Chase by an existing private track that also forms part of Restricted Byway no.17 (Mayland).”

“The site has previously been associated with Nipsells Chase Scrub Local Wildlife Site, although ecological information before the Council identifies that the red line site no longer meets the relevant Local Wildlife Site selection criteria. Proposal…”

Officer report

Earlier planning and enforcement

Earlier permissions for an apple store expired, while enforcement and a later mixed-use proposal resulted in adverse appeal decisions.

“Planning permission was granted by Committee, contrary to Officer recommendation, for the construction of an apple storage barn on 23 May 2018 (application ref 18/00280/FUL). A subsequent Section 73 variation, 20/00574/FUL, was granted on 10 August 2020 and varied the approved plans, including changes to fenestration. Both of these permissions have now expired and are not being relied upon as extant fallback permissions.”

“A subsequent challenge to that decision was considered by the High Court in Paton & Anor v Secretary of State for Levelling Up, Housing and Communities & Anor [2025] EWHC 245 (Admin), where permission to appeal was refused. The enforcement notice as upheld by the High Court has not been complied with, and therefore remains a significant material consideration in the determination of this application.”

Officer report

What consultees said

The parish council objected, while highway, environmental health and ecology consultees raised no objection subject to conditions.

“20/00574/FUL - Variation of condition two on approved planning permission 18/00280/FUL (Construction of an apple storage barn). Approved 10 August 2020. • 20/05040/DET - Compliance with conditions notification 18/00280/FUL (Construction of an apple storage barn) Condition three - Materials. Discharged 23 July 2020. • 18/00280/FUL - Construction of an apple storage barn. Approved 23 May 2018. 7.”

“Subject to conditions requiring the approved works to be completed within 9 months and restricting the future use of the building, it is considered that the proposal would address the previous enforcement and appeal concerns and would not circumvent the planning process. Statutory Consultees and Other Organisations Name of Consultee Comment Officer Response Highway Authority No objection.”

Officer report

What residents said

One representation was received and it raised no objection to the application.

“Representations received from Interested Parties 7.5.1 One letter of representation was received noting no objection to the application. PROPOSED CONDITIONS Approved Plans 1. The development hereby permitted shall be carried out in accordance with the approved plans and documents as set out by the decision notice. REASON: To ensure that the development is carried out in accordance with the details as approved. Completion of Approved Works 2.”

Officer report

Who spoke

The officer presented the application and the agent addressed the committee before members considered the proposal.

What members discussed

Members discussed window replacement, the ceiling, conditions advised by Counsel, and whether shower and boiler removal was necessary.

“Councillor W Stamp then proposed that the application be approved following Officers’ recommendations. This was duly seconded. A discussion then ensued between Members and Officers, during which Officers provided the following information in response to questions raised: • The conditions covered the removal of windows with timber panneling to be put in their place • The ceiling was not required to be removed for the building to go back to its original use.”

Minutes

The decision and conditions

The application was approved with staged works, restrictions to apple storage, controls on openings, plant, deliveries and external lighting.

“Within 6 months of the date of this permission: c) the removal of existing window/door openings and blocking up/replacement/making good with the barn-style panelling/doors shown on drawing 25.8171/P201; and d) the application of timber trims or vinyl/wood-effect cladding to the existing UPVC frames, as shown on drawing 25.8171/P201.”

“No deliveries to, or collections from, the site by commercial vehicles, and no loading or unloading associated with the approved use, shall take place outside the hours of 08:00 to 18:00 Monday to Friday and 08:00 to 13:00 on Saturdays, or at any time on Sundays or Bank/Public Holidays. External Lighting 7.”

Minutes