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Planning appeal decision

Notice varied and upheld18 March 20223279502

31 Barling Road, Great Wakering, Southend-on-Sea, SS3 0QD

Planning appeal 3279502 at 31 Barling Road, Great Wakering, Southend-on-Sea, SS3 0QD (Rochford District Council) was allowed in part (a split decision) on 18 March 2022 by Inspector Walker A, following a hearing. The main issue, as the Inspector framed it: Whether or not the appeal scheme is inappropriate development in the Green Belt.

Without planning permission, the demolition of a dwelling house and the erection of a new dwelling house; with a link detached new outbuilding shown labelled B; that has resulted from the considerable changes which have been made to the design, scale and external appearance of the building such that the development clearly does not accord with the approved plans of application 20/00321/FUL (new dwelling is shown labelled A on plan 2 attached to the notice) and construction of an outbuilding shown labelled C on plan 2 attached to the notice

Authority
Rochford District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Walker A
Postcode
SS3 0QD

Main issues, as the Inspector framed them

  • Whether or not the appeal scheme is inappropriate development in the Green Belt.
  • The effect of the appeal scheme on the openness of the Green Belt.
  • The effect of the appeal scheme on the character and appearance of the area.
  • Whether or not the appeal scheme is intentional unauthorised development.
  • Would harm by reason of inappropriateness, and any other harm, be clearly outweighed by other considerations? If so, would this amount to the very special circumstances required to justify the appeal scheme?

What decided it

The finding that the new dwelling house and outbuilding B were materially larger than the buildings they replaced meant the development was inappropriate in the Green Belt, and the resulting harm was not clearly outweighed by other considerations.

The substantial weight given to Green Belt harm together with significant harm to character and appearance was not clearly outweighed by other considerations, so very special circumstances did not exist and the appeal on ground (a) failed.

What the Inspector cited

Development plan policies
Policy GB1Policy CP1Policy DM1Policy DM21
National Planning Policy Framework
Paragraph 137Paragraph 147Paragraph 148Paragraph 149
Judgments
Dartford Borough Council v The Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 141

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.