®Planning appeal decision
Woodacre, D'Arcy Road, Tolleshunt Knights, Essex, CO5 0RP
Planning appeal 3259936 at Woodacre, D'Arcy Road, Tolleshunt Knights, Essex, CO5 0RP (Maldon District Council) was allowed on 5 January 2022 by Inspector Board D, following a hearing. The main issue, as the Inspector framed it: The effect of the scheme on (a) the provision of specialist needs accommodation in the district and (b) the character and appearance of the area.
8 no new C3 dwellings (5 no 2 bed and 3 no 4 bed houses) together with access to existing paddocks, vehicular access, landscaping, sustainable urban drainage system and noise attenuation features
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Board D
Main issues, as the Inspector framed them
- The effect of the scheme on (a) the provision of specialist needs accommodation in the district and (b) the character and appearance of the area
- Whether the proposal would provide suitable living conditions for future occupiers, having particular regard to noise
- The effect of the proposal on highway safety (Appeal A)
- Whether the scheme should make provision for affordable housing (Appeal B)
What decided it
The absence of a five year housing land supply engaged the tilted balance for Appeal A, and the benefits of the scheme were found not to be significantly and demonstrably outweighed by the limited policy conflict, while Appeal B was found to accord fully with the development plan.
For Appeal A, the limited conflict with Policy S8 arising from part of the site being in the countryside did not significantly and demonstrably outweigh the benefits of the scheme, so the tilted balance favoured permission; for Appeal B, full accordance with the development plan meant no tilted balance exercise was needed to justify allowing the appeal.
What the Inspector cited
- Development plan policies
- Policy E3Policy H3Policy I2Policy S1Policy S2Policy S8Policy H4Policy D1Policy D2Policy T1Policy T2Policy H1Policy N1Policy N2Policy S3Policy E1
- National Planning Policy Framework
- Paragraph 187
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.