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Planning appeal decision

Dismissed19 August 20213263727

Faggots, Mountains Road, Great Totham, Maldon, CM9 8BY

Planning appeal 3263727 at Faggots, Mountains Road, Great Totham, Maldon, CM9 8BY (Maldon District Council) was dismissed on 19 August 2021 by Inspector Kemmann-Lane T, by written representations. The main issue, as the Inspector framed it: The suitability of the appeal site for a dwelling taking into account the countryside location outside of a settlement boundary, and the 'tilted balance' of paragraph 11 of the National Planning Policy Framework.

the erection of a dwelling within the garden of Faggots with shared access onto Mountains Road

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Kemmann-Lane T
Postcode
CM9 8BY

Main issues, as the Inspector framed them

  • The suitability of the appeal site for a dwelling taking into account the countryside location outside of a settlement boundary, and the 'tilted balance' of paragraph 11 of the National Planning Policy Framework

What decided it

The appeal site's location in unsustainable countryside outside a settlement boundary, where occupants would rely on motor vehicles for most everyday needs, means the adverse impacts of granting permission would significantly and demonstrably outweigh the benefits, even with the tilted balance engaged by the sub-5-year housing land supply.

The minimal shortfall in the five-year housing land supply and the provision of a single dwelling were afforded limited weight, and were outweighed by the conflict with Policy S8 and the unsustainability of the location

What the Inspector cited

Development plan policies
Policy S1Policy S8Policy D1Policy H4Policy S2
National Planning Policy Framework
Paragraph 11Paragraph 78Paragraph 84Paragraph 15

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.

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.