®Planning appeal decision
55, St.Stephens Road, Cold Norton, CM3 6NP
Planning appeal 3283737 at 55, St.Stephens Road, Cold Norton, CM3 6NP (Maldon District Council) was dismissed on 27 September 2022 by Inspector Simpson L, by written representations. The main issue, as the Inspector framed it: Whether the site is a suitable location for the proposed development with regard to the Council's strategy for the location of new residential development and in particular, access to services and facilities.
described on the planning application form as: ‘Proposed erection of a new 3 x bedroom dwelling to the side land of 55 St.Stephens Road’
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other minor developments
- Inspector
- Simpson L
- Postcode
- CM3 6NP
Main issues, as the Inspector framed them
- Whether the site is a suitable location for the proposed development with regard to the Council's strategy for the location of new residential development and in particular, access to services and facilities
- The effect of the proposed development on the character and appearance of the surrounding area
- The effect of the proposed development on European Sites
- The effect of the proposed development on ecology (including protected species)
What decided it
The likely significant effects on European Sites protected under the Habitats Regulations, without adequate mitigation, provided a clear reason for refusal under Framework Paragraph 11d(i) that overrode the presumption in favour of development despite the housing land supply shortfall.
The housing land supply shortfall (3.66 years) engaged the tilted balance under Framework Paragraph 11d, but the conflict with policies protecting habitats sites provided a clear reason for refusal; the modest social and economic benefits of a single dwelling did not outweigh the harm to character and appearance and the unmitigated effects on European Sites.
What the Inspector cited
- Development plan policies
- Policy S1Policy S2Policy S8Policy H4Policy T2Policy D1Policy N2
- National Planning Policy Framework
- Paragraph 11Paragraph 105Paragraph 130Paragraph 174a
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.