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Planning appeal decision

Dismissed27 January 20223269661

Land South Of Marsh Road Burnham-On-Crouch , Burnham-On-Crouch , CM0 8NB

Planning appeal 3269661 at Land South Of Marsh Road Burnham-On-Crouch , Burnham-On-Crouch , CM0 8NB (Maldon District Council) was dismissed on 27 January 2022 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

Erection of 9 dwellings, creation of an adoptable and private access road, and associated landscaping and ancillary works

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Davies N
Postcode
CM0 8NB

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The delivery of affordable housing

What decided it

The substantial visual harm arising from placing urbanised residential development within the allocated public open space at the settlement edge, combined with the failure to make adequate affordable housing provision when assessed as a single development, significantly and demonstrably outweighs the limited housing supply and economic benefits.

The adverse impacts relating to character and appearance harm and failure to provide adequate affordable housing significantly and demonstrably outweigh the benefits of housing supply contribution and limited social and economic benefits, such that the presumption in favour of sustainable development does not apply.

What the Inspector cited

Development plan policies
Policy D1Policy H4Policy H1Policy S1Policy N1Policy N2
National Planning Policy Framework
Paragraph 11
Judgments
Westminster City Council v FSS and Branlord

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 authority’s record since 2016 · every decision in 2022

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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.