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Dismissed24 November 20213277767

Land Adjacent to Theedhams Farm, Southminster, CM0 7BD

Planning appeal 3277767 at Land Adjacent to Theedhams Farm, Southminster, CM0 7BD (Maldon District Council) was dismissed on 24 November 2021 by Inspector Wyatt G, by written representations. The main issue, as the Inspector framed it: Appeal A and B – Flood Risk.

the “demolition of existing building and construction of new building to be divided into up to 8 business units for Class E (formerly Class B1 and/or use Class D1) purposes

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
employment-industrial · Minor retail and services
Inspector
Wyatt G
Postcode
CM0 7BD

Main issues, as the Inspector framed them

  • Appeal A and B – Flood Risk
  • Appeal B – the character and appearance of the area

What decided it

The proposal fails the sequential test for flood risk as it has not been demonstrated that there are no other sequentially preferable alternative sites at lower flood risk, contrary to paragraphs 159, 161 and 162 of the Framework.

The benefits of providing additional employment space were outweighed by the failure to satisfy the sequential test for flood risk and the requirement to direct development away from areas at highest risk of flooding.

What the Inspector cited

Development plan policies
Policy E1Policy S1Policy S8Policy D1Policy D5
National Planning Policy Framework
Paragraph 159Paragraph 161Paragraph 162Paragraph 167Paragraph 168Paragraph 84Paragraph 85Paragraph 130

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 2021

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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.