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Planning appeal decision

Notice varied and upheld15 June 20213256479

246 Little Wakering Road, Little Wakering, Essex, SS3 0JN

Planning appeal 3256479 at 246 Little Wakering Road, Little Wakering, Essex, SS3 0JN (Rochford District Council) was allowed in part (a split decision) on 15 June 2021 by Inspector Orr H, following a hearing. The main issue, as the Inspector framed it: Whether the proposed development would be inappropriate development in the Green Belt, having regard to the National Planning Policy Framework (the Framework), including its effect on the openness of the Green Belt.

1. The material change of use of land adjacent to 246 Little Wakering Road to use as domestic garden used incidental to the residential premises known as 246 Little Wakering Road. 2. The erection of two buildings on land referred to at breach 1 above, used for domestic purposes

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Orr H
Postcode
SS3 0JN

Main issues, as the Inspector framed them

  • Whether the proposed development would be inappropriate development in the Green Belt, having regard to the National Planning Policy Framework (the Framework), including its effect on the openness of the Green Belt
  • Effect of the development on the character and appearance of the area
  • If the development is inappropriate, whether the harm, by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, so as to amount to the very special circumstances necessary to justify the development

What decided it

The substantial harm from inappropriateness in the Green Belt, together with moderate harm to openness, was not clearly outweighed by the significant weight given to the appellant's granddaughter's respite care needs, so very special circumstances were not demonstrated.

the significant weight given to the granddaughter's need for respite care with family members did not clearly outweigh the substantial weight attached to Green Belt harm by reason of inappropriateness together with the moderate harm to openness and limited harm to character and appearance, so the balance tipped against the development

What the Inspector cited

Development plan policies
GB1GB2DM12DM22
National Planning Policy Framework
Paragraph 143Paragraph 144

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2021

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.