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Allowed26 January 20233283142

Wagtails, Chelmsford Road, Purleigh, CM3 6QN

Planning appeal 3283142 at Wagtails, Chelmsford Road, Purleigh, CM3 6QN (Maldon District Council) was allowed on 26 January 2023 by Inspector Blackwell J, following a hearing. The main issue, as the Inspector framed it: The main issue is whether condition 4 of the Planning Permission remains necessary and reasonable, having regard to the development plan and the need for rural worker dwellings in the local area.

erection of bungalow for smallholding Manager without complying with a condition attached to planning permission Ref MAR/499/72, dated 4 October 1972

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Blackwell J
Postcode
CM3 6QN

Main issues, as the Inspector framed them

  • The main issue is whether condition 4 of the Planning Permission remains necessary and reasonable, having regard to the development plan and the need for rural worker dwellings in the local area.

What decided it

The absence of any evidenced demand for the dwelling as agricultural/rural worker accommodation, demonstrated by unsuccessful marketing at a fair price, meant the occupancy condition was no longer necessary or reasonable.

the evidenced lack of demand for agriculturally tied dwellings and absence of landscape harm outweighed the Council's concern that removing the condition could create pressure for further agricultural dwellings in the countryside

What the Inspector cited

Development plan policies
Policy H7Policy CC16
National Planning Policy Framework
Paragraph 80

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 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.