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Dismissed10 February 20223269901

Land East of Ruxley Cottage, Rectory Road, North Fambridge, CM3 6NG

Planning appeal 3269901 at Land East of Ruxley Cottage, Rectory Road, North Fambridge, CM3 6NG (Maldon District Council) was dismissed on 10 February 2022 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 and its effect on the character and appearance of the area.

the “re-use of existing buildings; 1 and 5 for residential dwellings and removal of existing buildings/structures; 2, 3, 4 and 6 to enhance vistas of countryside

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wyatt G
Postcode
CM3 6NG

Main issues, as the Inspector framed them

  • whether the appeal site is an appropriate location for the proposal having regard to the development plan and its effect on the character and appearance of the area
  • the effect of the development on European designated conservation sites

What decided it

The harm to the character and appearance of the area through the introduction of suburban development in a countryside setting significantly and demonstrably outweighs the benefits of housing supply.

The moderate benefits of housing delivery and economic benefits were significantly and demonstrably outweighed by the serious harm to the character and appearance of the area and failure to meet the environmental dimension of sustainable development.

What the Inspector cited

Development plan policies
Policy S1Policy S8Policy D1Policy H4
National Planning Policy Framework
Paragraph 11Paragraph 80Paragraph 120Paragraph 130Paragraph 174
Judgments
Braintree DC v SSCLG and others [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 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.