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Allowed8 March 20223283646

Land East of Ashingdon Road and North of Rochford Garden Way, Rochford, SS4 1FA

Planning appeal 3283646 at Land East of Ashingdon Road and North of Rochford Garden Way, Rochford, SS4 1FA (Rochford District Council) was allowed on 8 March 2022 by Inspector Wildsmith D, following an inquiry. The main issue, as the Inspector framed it: The extent to which the proposed development would be consistent with the development plan for the area, and the weight to be given to relevant development plan policies.

stated on the appeal form to be an “outline application for the demolition of Nos 148 and 150 Ashingdon Road, removal of highway tree and form access onto Ashingdon Road, form secondary access onto Percy Cottis Road to serve residential development of 662 dwellings and community building with associated infrastructure. Details of Phase 1 of 233 dwellings to consider Access, Layout, Appearance, Scale and Landscaping. Details of Phases 2 and 3 to consider Access and Layout only

Authority
Rochford District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Wildsmith D

Main issues, as the Inspector framed them

  • The extent to which the proposed development would be consistent with the development plan for the area, and the weight to be given to relevant development plan policies
  • The effect of the proposed development in traffic and transport terms, on the safety and convenience of users of the nearby highway network
  • Whether the submitted planning obligations and suggested conditions would satisfactorily address the impact of the proposed development

What decided it

The Council failed to provide evidence that the residual cumulative highway impacts would be severe, whereas the Appellants' technical evidence, endorsed by the Highway Authority and the Council's own highways witness, showed no unacceptable highway safety or severe residual impact, allowing the significant housing benefits to prevail under the tilted balance.

The adverse impacts of allowing the proposal (moderate weight to increased traffic and to loss of a protected oak tree) would not significantly and demonstrably outweigh the benefits (significant weight to plan-led development, very significant weight to 662 new homes and 232 affordable homes, moderate weight to economic and wider community benefits), so the tilted balance favoured allowing the appeal.

What the Inspector cited

Development plan policies
Policy T1Policy SER8Policy DM31Policy H1Policy H2Policy H3Policy CLT1Policy ENV8Policy ENV9Policy H6
National Planning Policy Framework
Paragraph 11Paragraph 15Paragraph 56Paragraph 60Paragraph 110Paragraph 111Paragraph 124Paragraph 170Paragraph 219
Judgments
[2012] EWHC 2542 (Admin) Case No CO/605/2012 - Cogent Land LLP and Rochford District Council and Bellway Homes Ltd

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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More decisions in Rochford

The authority’s record since 2016 · every decision in 2022

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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.