®Planning appeal decision
13 Church Street, Tolleshunt D'Arcy, Maldon, CM9 8TS
Planning appeal 3270330 at 13 Church Street, Tolleshunt D'Arcy, Maldon, CM9 8TS (Maldon District Council) was dismissed on 20 August 2021 by Inspector Felgate J, by written representations. The main issue, as the Inspector framed it: whether the proposed change of use is acceptable in principle, having regard to the relevant planning policies relating to amenity space land.
change of use of land to residential garden and construction of timber fence
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Felgate J
Main issues, as the Inspector framed them
- whether the proposed change of use is acceptable in principle, having regard to the relevant planning policies relating to amenity space land
- the effects of the development on the area's character and appearance
What decided it
The proposed change of use would result in an unacceptable loss of designated Amenity Green Space contrary to Policy N3, with none of the policy exceptions applying.
The benefit to the single household occupying 13 Church Street was outweighed by the loss of amenity space to the local community as a whole, and this conflict with the development plan was not outweighed by any other material considerations.
What the Inspector cited
- Development plan policies
- Policy N3Policy D1Policy H4
- National Planning Policy Framework
- Paragraph 99
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.