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Planning appeal decision

Dismissed30 August 20223280489

Field View Cottage Tolleshunt D'arcy Road, Tolleshunt Major, MALDON, CM9 8LN

‘application for a modification to Section 106 legal agreement executed under planning application FUL/MAL/07/00706.’

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Morrison J

Main issues, as the Inspector framed them

  • Whether the planning obligation still serves a useful purpose and whether that would continue to be the case once modified in the manner proposed, with specific regard to the Council's strategy for the location of new development and the retention of tourist uses

What decided it

The modification would convert the holiday let to an open market dwelling, substantially harming the Council's development strategy and rural economy, which outweighs the limited housing benefit even in an undersupply situation.

The adverse impacts of modifying the planning obligation, including harm to the Council's settlement strategy and the district's tourism offer, significantly and demonstrably outweigh the limited benefits of providing one additional dwelling unit in an undersupply situation.

Framework references: 11

Plan policies cited: Policy S1, Policy S8, Policy E5

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.