®Planning appeal decision
31 Barling Road, Great Wakering, SOUTHEND-ON-SEA, SS3 0QD
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
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.
Framework references: 137, 147, 148, 149
Plan policies cited: Policy GB1, Policy CP1, Policy DM1, Policy DM21
Judgments cited: Dartford Borough Council v The Secretary of State for Communities and Local Government & Ors [2017] EWCA Civ 141
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.