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Planning appeal decision

Notice varied and upheld29 September 20213273918

Danadalu, Tea Rooms,The Quay, Burnham on Crouch, Essex, CM0 8AS

Planning appeal 3273918 at Danadalu, Tea Rooms,The Quay, Burnham on Crouch, Essex, CM0 8AS (Maldon District Council) was allowed in part (a split decision) on 29 September 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Whether the occupant of the appeal site is safe from flooding.

the unauthorised material change of use of land to residential

Authority
Maldon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage M
Postcode
CM0 8AS

Main issues, as the Inspector framed them

  • Whether the occupant of the appeal site is safe from flooding
  • The effect of the development on sensitive interest features of the European designated sites

What decided it

The appellant failed to demonstrate continuous residential occupation throughout the four-year immunity period, and the development would expose occupants to unacceptable flood risk and would harm European designated sites without mitigation.

What the Inspector cited

Development plan policies
Policy S1Policy D5Policy D1Policy N2Policy N1

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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More decisions in Maldon

The authority’s record since 2016 · every decision in 2021

  1. Quashed On Legal Grounds11 February 20263359345
    Mayfield , Park Lane, Tolleshunt Knights, Maldon, CM9 8HB
  2. Notice varied and upheld31 October 20253326903
    32B Green Lane, Burnham-on-Crouch, CM0 8PT
  3. Quashed On Legal Grounds29 September 20253324360
    Land Adjacent to Glenworth, Maldon Road, Latchingdon, Essex, CM3 6LG
  4. Dismissed22 September 20253348898
    Scrap Metal Yard, The Brambles, Southminster Road, Asheldham, Southminster, CM0 7DZ
  5. Allowed26 June 20253319560
    Little Wycke Farm, Blind Lane, Mundon, Essex, CM9 6PS

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.