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Notice upheld29 May 20243283330

Land at 231 Benfleet Road, Thunderleys, Benfleet, Essex, SS7 1QG

Planning appeal 3283330 at Land at 231 Benfleet Road, Thunderleys, Benfleet, Essex, SS7 1QG (Castle Point Borough Council) was dismissed on 29 May 2024 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: whether the development represents inappropriate development in the Green Belt, including its effect on openness.

Construction of a part single storey part two storey building

Authority
Castle Point Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Blackwell J
Postcode
SS7 1QG

Main issues, as the Inspector framed them

  • whether the development represents inappropriate development in the Green Belt, including its effect on openness
  • the effect of the development on ancient woodland
  • the effect of the development on the character and appearance of the area
  • whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the development

What decided it

The development results in loss or deterioration of ancient woodland, which paragraph 186 of the Framework says should be refused unless there are wholly exceptional reasons and a suitable compensation strategy exists, and no such wholly exceptional circumstances are present.

the harm by reason of inappropriateness, loss of openness and harm to ancient woodland was not clearly outweighed by the fallback position or other considerations, and very special circumstances do not exist

What the Inspector cited

National Planning Policy Framework
Paragraph 152Paragraph 154Paragraph 155Paragraph 186
Judgments
Oates v Secretary of State for Communities and Local Government [2017] EWHC 2716 (Admin)

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.

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The decision letter

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More decisions in Castle Point

The authority’s record since 2016 · every decision in 2024

  1. Dismissed6 October 20266009589
    1 Mount Zion, Castle Lane, Hadleigh, SS7 2AR
  2. Notice upheld30 September 20263356036
    141 Rayleigh Road, Benfleet, SS7 3YN
  3. Allowed14 September 20266007184
    Land South Of Daws Heath Road, Thundersley, SS7 2TA
  4. Notice varied and upheld4 September 20263350293
    The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
  5. Dismissed27 May 20266002484
    Daxhamen Bassenthwaite Road, Thundersley, Benfleet, Essex, SS7 3JG

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.