®Planning appeal decision
Field View Cottage Tolleshunt D'arcy Road, Tolleshunt Major, Maldon, CM9 8LN
Planning appeal 3280489 at Field View Cottage Tolleshunt D'arcy Road, Tolleshunt Major, Maldon, CM9 8LN (Maldon District Council) was dismissed on 30 August 2022 by Inspector Morrison J, by written representations. The main issue, as the Inspector framed it: 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.
‘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
- Postcode
- CM9 8LN
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.
What the Inspector cited
- Development plan policies
- Policy S1Policy S8Policy E5
- 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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.