Planning appeal decision
Land Adjacent The Old Forge And Thornley Cottage, Burnham Road, Althorne, CM3 6DP
Planning appeal 3264169 at Land Adjacent The Old Forge And Thornley Cottage, Burnham Road, Althorne, CM3 6DP (Maldon District Council) was dismissed on 25 August 2021 by Inspector Spencer D, by written representations. The main issue, as the Inspector framed it: The effect of the proposed dwelling on the character and appearance of the surrounding area.
construction of a dwelling and cartlodge
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Spencer D
- Postcode
- CM3 6DP
Main issues, as the Inspector framed them
- The effect of the proposed dwelling on the character and appearance of the surrounding area
- Whether the appeal proposal would contribute to a sustainable pattern of housing development in the District
What decided it
The appeal proposal would conflict with the adopted development plan's spatial strategy by locating new housing in an unsustainably located small rural village with limited services and poor connectivity, and this harm significantly and demonstrably outweighed the modest benefits despite the marginal shortfall in five-year housing land supply.
The modest social and environmental benefits of the proposal (no significant harm to character and appearance, effective use of vacant land, and modest housing contribution) were significantly and demonstrably outweighed by the significant harm arising from conflict with the spatial strategy of MDLDP Policies S1, S2 and S8, which aims to locate development sustainably and limit the need to travel.
What the Inspector cited
- Development plan policies
- Policy D1Policy H4Policy S1Policy S2Policy S8
- National Planning Policy Framework
- Paragraph 11Paragraph 78Paragraph 79Paragraph 80Paragraph 105Paragraph 130Paragraph 174
- Judgments
- Braintree District Council v. SSCLG, Greyread Ltd and Granville Developments [2018] EWCA Civ 610
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
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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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