17 Standley Road, Walton on the Naze, CO14 8PT

Main issues, as the Inspector framed them

• effect of the development on flood risk
• effect of the development on the character and appearance of the area
• living conditions of future occupiers with particular regard to access to the car park and entrance to the building and the living conditions of adjoining occupiers with particular regard to privacy and light
• whether there is a requirement to provide financial contributions towards play equipment
• whether the development provides adequate size parking spaces
• effect of the development on European designated sites

What decided it

The proposal has not properly addressed the sequential test for flood risk and therefore conflicts with Framework paragraphs 159, 161 and 162, which provide a clear reason for refusal that disapplies the tilted balance presumption in favour of sustainable development.

Although the Council cannot demonstrate a five-year housing land supply and the development plan is out-of-date, the presumption in favour of sustainable development does not apply because the Framework's flood risk protection policies provide a clear reason for refusing the development, and the proposal would also cause harm to character and appearance and fail to secure necessary planning obligations.