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Planning appeal decision

Dismissed24 March 20223277485

Oak Farm Oak Farm Road, Woodham Walter, Maldon, CM9 6RH

Planning appeal 3277485 at Oak Farm Oak Farm Road, Woodham Walter, Maldon, CM9 6RH (Maldon District Council) was dismissed on 24 March 2022 by Inspector Kemmann-Lane T, by written representations. The main issue, as the Inspector framed it: the suitability of the location of the site for the proposed development having regard to the visual impact of the development on the character of the area and the countryside and its location in relation to accessibility to services by sustainable means.

a new three bedroom dwelling in accordance with Planning Permission ref 65/00293/FUL with a slight increase in footprint (retrospective)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Kemmann-Lane T
Postcode
CM9 6RH

Main issues, as the Inspector framed them

  • the suitability of the location of the site for the proposed development having regard to the visual impact of the development on the character of the area and the countryside and its location in relation to accessibility to services by sustainable means
  • the suitability of the access to the site in terms of highway safety
  • the lack of mitigation to overcome the impacts of the development on European designated nature conservation sites

What decided it

The lack of a signed legal agreement to secure the required financial contribution to mitigate impacts on European designated nature conservation sites means the development cannot be permitted, as a condition cannot be used to secure such a financial contribution.

The marginal benefits of one additional dwelling and limited economic benefits do not outweigh the harm to character and countryside, the unsustainability of the location, and the unmitigated impacts on European designated sites.

What the Inspector cited

National Planning Policy Framework
Paragraph 11

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.

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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.