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Allowed11 November 20223296116

Maitland Lodge, Southend Road, Great Burstead, Billericay, CM11 2PT

Planning appeal 3296116 at Maitland Lodge, Southend Road, Great Burstead, Billericay, CM11 2PT (Basildon District Council) was allowed on 11 November 2022 by Inspector Woodwards O, following an inquiry. The main issue, as the Inspector framed it: whether or not the proposal would be inappropriate development in the GB, including assessment of the effect of the proposal on the openness of the GB.

the demolition of Maitland Lodge and the construction of 47 new homes (Class C3) with vehicular access onto Southend Road, together with associated infrastructure and landscaping works

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Woodwards O
Postcode
CM11 2PT

Main issues, as the Inspector framed them

  • whether or not the proposal would be inappropriate development in the GB, including assessment of the effect of the proposal on the openness of the GB
  • the effect of the proposal on the character and appearance of the area, in particular on landscape character

What decided it

The finding that the Green Belt land was previously developed land meant the proposal fell within the NPPF para 149(g) exception and caused only moderate (not substantial) harm to openness, so it was not inappropriate development, removing the need for very special circumstances and allowing the substantial housing benefits to be decisive.

With no harm found to Green Belt openness (below the substantial harm threshold), character and appearance, or the SPA, these matters weighed neutrally, while very substantial benefits from market and affordable housing and further significant benefits (efficient land use, sequential preference, accessibility, economic and biodiversity gains) weighed decisively in favour of allowing the appeal.

What the Inspector cited

Development plan policies
Policy BAS GB1Policy BAS S5Policy BE12(i)Policy BAS BE12Policy BAS BE24
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 15Paragraph 56Paragraph 57Paragraph 68Paragraph 81Paragraph 119Paragraph 120Paragraph 124Paragraph 140Paragraph 149Paragraph 174Paragraph 180
Judgments
Herbert Hiley and The Secretary of State for Levelling Up, Housing and Communities vs East Lindsey District Council [2022] EWHC 1289 (Admin)

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

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The decision letter

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The authority’s record since 2016 · every decision in 2022

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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