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Planning appeal decision

Dismissed18 April 20233292134

Gravel Pits , Hall Road, Heybridge, Essex, CM9 4PF

retention of replacement surface for the existing private way

Authority
Maldon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Savage M

Main issues, as the Inspector framed them

  • Appeal A: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded
  • Appeal B: The effect of the appeal scheme on the character and appearance of the area, having regard to its location within the Chelmer and Blackwater Navigation Conservation Area
  • Appeal B: The effect on the biodiversity interests of the site, having regard to its location adjacent to the Blackwater Estuary

What decided it

The resurfaced track with its dark-coloured scalpings and consistent width fundamentally altered the basic character of the private way from a semi-natural feature to a prominent urban feature, contrary to both the permitted development limitations and the requirement to preserve the character and appearance of the conservation area.

Framework references: 189, 199, 202

Plan policies cited: Policy S1, Policy S8, Policy D1, Policy D3, 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.