Decision details

On 25 March 2024, the Council served a Planning Enforcement Notice in respect of unauthorised works at Manningtree Station comprising: Building operations to extend existing single storey deck over existing ground level car parking. Engineering works to increase land levels, install a sheet pile retaining wall, drainage, hardstanding, CCTV and lighting columns to facilitate the extension to existing ground level car parking. Replacement of and increase in number of existing lighting columns covering existing ground level car parking.
Part of the Council's justification for serving an Enforcement Notice was its view at the time that the works were 'EIA Development' i.e. triggering the requirement for Environmental Impact Assessment (due to visual impact on the Dedham Vale National Landscape); meaning that the works could not be classed as 'permitted development' which, under normal circumstances, under the general Permitted Development Order (GPDO) 2015 would allow a railway undertaker to carry out certain works without the need for planning permission.
Following the serving of the Enforcement Notice, Greater Anglia Ltd both lodged an application for Judicial Review and an appeal to the Secretary of State - from whom an EIA screening opinion was also sought. The EIA Screening Direction from the Secretary of State received on 29 May 2024 determined that the works were not EIA Development, contrary to the Council's position.
For the reasons set out in the delegated report, the Secretary of State's Screening Direction has led Officers to determine that it is no longer expedient to continue with enforcement action in respect of the works and that the Enforcement Notice should be withdrawn.

To formally withdraw the Planning Enforcement Notice in relation to Manningtree Railway Station.

Option 1 - Withdraw the Enforcement Notice
Option 2 - Maintain the Enforcement Notice and contest the current Judicial Review claim and Enforcement appeal against the backdrop of the Secretary of State's EIA Screening Direction.