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Planning appeal decision

Dismissed24 October 20223293913

Valley Grown Nurseries, Paynes Lane, Nazeing, Essex, EN9 2EX

additional access road from Nazeing Road to Valley Grown Nurseries

Authority
Epping Forest District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
other · Other minor developments
Inspector
Woodward M

Main issues, as the Inspector framed them

  • The effect of the proposal on the character, appearance and function of the area, having regard to the Lee Valley Regional Park.
  • The effect of the proposal on biodiversity, with particular regard to habitats and protected species.
  • The effect of the proposal on flood risk, with particular regard to the existing culvert.

What decided it

The significant harm to the character and recreational function of the Lee Valley Regional Park caused by HGV use of the proposed haul road was not outweighed by the benefits of the scheme.

The moderate weight given to access/operational benefits and limited weight given to biodiversity enhancement benefits were insufficient to outweigh the significant harm to the character and function of the Lee Valley Regional Park, so the balance tipped against the proposal.

Framework references: 48, 174, 179, 167

Plan policies cited: Policy RST24, Policy LL1, Policy LL2, Policy CP2, Policy SP7, Policy DM3, Policy CP1, Policy NC3, Policy NC4, Policy DM15, Policy DM16, Policy DM1

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.