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Dismissed30 June 20213264499

Oakridge, Old Heath Road, Althorne, Essex, CM3 6EW

Planning appeal 3264499 at Oakridge, Old Heath Road, Althorne, Essex, CM3 6EW (Maldon District Council) was dismissed on 30 June 2021 by Inspector Wyatt G, by written representations. The main issue, as the Inspector framed it: Whether the appeal site is an appropriate location for the proposal having regard to the Development Plan.

retain use of stables and barn building as a single family dwellinghouse and retain associated internal and external alterations including insertion of doors and windows. retain use of land as domestic garden. remove boundary fences, metal gate and metal posts, alter and retain vehicular and pedestrian access onto old heath road and reduce and retain hardstandings

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Wyatt G
Postcode
CM3 6EW

Main issues, as the Inspector framed them

  • Whether the appeal site is an appropriate location for the proposal having regard to the Development Plan
  • The effect of the proposal on the character and appearance of the area
  • Highway safety

What decided it

The harm to the character and appearance of the rural area through suburbanisation, combined with the unsustainable location requiring reliance on private car access, significantly and demonstrably outweighs the moderate benefits of housing delivery when assessed against the Framework as a whole.

The moderate benefits of a single dwelling windfall and reuse of an existing building were outweighed by the serious harm to character and appearance and the unsustainable location; the tilted balance did not indicate permission should be granted.

What the Inspector cited

Development plan policies
Policy S8Policy S8 f)Policy S8 e)Policy E4Policy E5Policy S1Policy S2Policy D2Policy H4Policy D1Policy T2Policy D2 4)
National Planning Policy Framework
Paragraph 83Paragraph 79Paragraph 102Paragraph 127Paragraph 11
Judgments
Braintree Council v SSCLG and others [2017] EWHC 2743 (Admin)

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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