land east of 1 Red Brick Cottages, The Endway, Althorne, Essex, CM3 6DU

Main issues, as the Inspector framed them

• the suitability of the location of the site for the proposed development
• the effect of the proposed dwelling on the character and appearance of the surrounding area and countryside
• the quality of the living conditions of future occupiers in terms of outlook and overlooking
• the lack of mitigation to overcome the impacts of the development on the European Designated Nature Conservation Sites

What decided it

The absence of a signed section 106 agreement to secure the required mitigation contribution for European designated nature conservation sites, combined with the site's unsustainable location and the proposal's failure to accord with the development plan, rendered the appeal dismissible.

The tilted balance of paragraph 11(d)(ii) was potentially engaged due to the lack of 5-year housing land supply, but the marginal benefits of one additional dwelling and minor economic activity were outweighed by the site's unsustainable location, negative effects on character and appearance, poor living conditions for future occupiers, and unmitigated impacts on European designated sites.