®Planning appeal decision
55, St.Stephens Road, Cold Norton, CM3 6NP
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
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.
Framework references: 11, 105, 130, 174a
Plan policies cited: Policy S1, Policy S2, Policy S8, Policy H4, Policy T2, Policy D1, Policy N2
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.