®Planning appeal decision
81-83 High Street, Benfleet, Essex, SS7 1ND
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
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.
Framework references: 162, 11
Plan policies cited: Policy H17
Judgments cited: High Court Judgment of January 2011
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.