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Dismissed8 September 20213261799

Mayflower Nursery, Mill Road, Mayland, Essex, CM3 6EQ

Planning appeal 3261799 at Mayflower Nursery, Mill Road, Mayland, Essex, CM3 6EQ (Maldon District Council) was dismissed on 8 September 2021 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

the development of 19 homes, landscaping, revised vehicular access, sustainable drainage and amenity space on the site at the former Dengie Garden Centre including the change of use from Sui Generis to dwellinghouses. The development includes the removal of the buildings and greenhouse structures and the development of high quality sustainable housing comprising of 8 affordable homes and 11 houses for private ownership

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Buchanan R
Postcode
CM3 6EQ

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether the site is a suitable location for the proposed housing development having regard to local and national planning policy for the provision of housing

What decided it

The considerable harm to character and appearance arising from the location of the development beyond the settlement boundary and its failure to integrate satisfactorily into the countryside, combined with the unsuitability of the site under the Council's spatial strategy, substantially and demonstrably outweighs the moderate benefits of additional housing despite the housing land supply shortfall.

The moderate benefits of 19 dwellings (including 8 affordable homes) and housing supply contribution were substantially and demonstrably outweighed by the considerable harm to character and appearance and the conflict with the spatial strategy, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Policy S1Policy S2Policy S8Policy D1Policy H4Policy H1Policy I12
National Planning Policy Framework
Paragraph 11

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 applied

The decision letter

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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.

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