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Planning appeal decision

Dismissed26 September 20223284398

Maldon Road, Latchingdon, Essex, CM3 6LG

Section 73A application for boundary fence and gates as well as change of use of land for siting of static mobile home

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Simpson L

Main issues, as the Inspector framed them

  • Whether the site is a suitable location for the development with particular regard to access to services and facilities
  • The effect of the development on the character and appearance of the area
  • The effect of the development with regard to Flood Risk
  • The effect of the development on European Sites
  • The effect of the development on Highway Safety

What decided it

The absence of a site-specific Flood Risk Assessment and evidence that the site is located in Flood Zone 3a, where highly vulnerable development (mobile homes) should not be permitted, combined with the failure to secure mitigation for likely significant effects on European Sites, provide clear reasons for refusal that override the tilted balance triggered by the housing land supply shortfall.

the conflicts with Framework paragraphs 167 (flood risk) and 174a (habitat sites) provide clear reasons for refusal under the tilted balance, and the modest social and economic benefits of a single dwelling are insufficient to outweigh the conflicts with the development plan

Framework references: 11, 162, 167, 174a, 111

Plan policies cited: Policy S8, Policy S1, Policy D1, Policy T2, Policy H4, Policy D5, 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.