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Planning appeal decision

Allowed11 November 20223296116

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

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

Authority
Basildon District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Woodwards O

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.

Framework references: 8, 11, 15, 56, 57, 68, 81, 119, 120, 124, 140, 149, 174, 180

Plan policies cited: Policy BAS GB1, Policy BAS S5, Policy BE12(i), Policy BAS BE12, Policy BAS BE24

Judgments cited: Herbert Hiley and The Secretary of State for Levelling Up, Housing and Communities vs East Lindsey District Council [2022] EWHC 1289 (Admin)

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.