®Planning appeal decision
81-83 High Street, Benfleet, Essex, SS7 1ND
Planning appeal 3284021 at 81-83 High Street, Benfleet, Essex, SS7 1ND (Castle Point Borough Council) was dismissed on 12 December 2022 by Inspector Davies N, by written representations. The main issue, as the Inspector framed it: Flood risk having regard to its flood zone location and the provisions of the Framework.
demolition of existing building and erection of 5No. apartments
- Authority
- Castle Point Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Other Major Developments
- Inspector
- Davies N
- Postcode
- SS7 1ND
Main issues, as the Inspector framed them
- Flood risk having regard to its flood zone location and the provisions of the Framework
- The provision of satisfactory living accommodation for its future occupants, having regard to flat and room sizes
What decided it
The proposal falls within Flood Zone 2 and the sequential test has not been passed, as there is insufficient evidence that no reasonably available sites in Flood Zone 1 could accommodate the development, and paragraph 11d)i of the Framework provides a clear reason for refusal on flood risk grounds.
The substantial benefits of housing delivery and brownfield redevelopment in a sustainable location were outweighed by the clear reason to refuse development in an area at risk of flooding under paragraph 11d)i of the Framework, and by the failure to provide satisfactory living accommodation.
What the Inspector cited
- Development plan policies
- Policy H17
- National Planning Policy Framework
- Paragraph 162Paragraph 11
- Judgments
- High Court Judgment of January 2011
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
More decisions in Castle Point
The authority’s record since 2016 · every decision in 2022
- Dismissed6 October 202660095891 Mount Zion, Castle Lane, Hadleigh, SS7 2AR
- Unknown30 September 20263356037141 Rayleigh Road, Benfleet, SS7 3YN
- Notice upheld30 September 20263356036141 Rayleigh Road, Benfleet, SS7 3YN
- Allowed14 September 20266007184Land South Of Daws Heath Road, Thundersley, SS7 2TA
- Notice varied and upheld4 September 20263350293The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
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.