®Planning appeal decision
5 Malpas Road, Chadwell St Mary, RM16 4QX, Grays, Essex, RM16 4QX
- Authority
- Thurrock Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jarvis P
Main issues, as the Inspector framed them
- the effect on the character and appearance of the host dwelling and wider street scene
- highway safety arising from the parking and access arrangements
What decided it
The failure to secure mitigation for significant harm to the Thames Estuary and Marshes SPA through a planning obligation, combined with the harmful impact on character and appearance, meant the presumption in favour of sustainable development did not apply and the benefits could not outweigh the harm.
The Council's inability to demonstrate a five-year housing supply would normally trigger the tilted balance, but paragraph 180 of the Framework applies because significant harm to biodiversity cannot be adequately mitigated, so the balancing exercise does not apply; the proposal's eco-credentials and meeting of over-55s housing need do not outweigh the harm to character and appearance and the development plan conflict.
Framework references: 11, 180
Plan policies cited: PMD2, CSTP22, CSTP23, PMD8, PMD9
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.