®Planning appeal decision
Mill Farm , Stoney Hills, Burnham-on-Crouch, CM0 8QA
Planning appeal 3297100 at Mill Farm , Stoney Hills, Burnham-on-Crouch, CM0 8QA (Maldon District Council) was dismissed on 31 May 2023 by Inspector Berry A, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the integrity of the Crouch and Roach Estuaries Special Protection Area and Ramsar Site.
Land to the rear of Mill Farm: Proposed 4 new chalet styled bungalows
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Berry A
- Postcode
- CM0 8QA
Main issues, as the Inspector framed them
- The effect of the proposed development on the integrity of the Crouch and Roach Estuaries Special Protection Area and Ramsar Site
- The effect of the proposed development on the character and appearance of the surrounding area
- Appeal A only: the effect of the proposed development on the living conditions of future occupiers, with particular reference to outlook
What decided it
The failure to properly secure mitigation for the Special Protection Area through a signed unilateral undertaking meant the proposal could not be assessed as having adequately mitigated its significant effect on the integrity of the designated site, triggering the exception in paragraph 11(d)(i) of the Framework.
Although the Council cannot demonstrate five-year housing land supply, the application of policies in the Framework protecting habitats and biodiversity (the SPA being a protected area) provides a clear reason for refusing the development, and the proposal does not benefit from the presumption in favour of sustainable development in paragraph 11 of the Framework.
What the Inspector cited
- Development plan policies
- Policy D1 of the Maldon District Approved Local Development Plan 2014-2029
- National Planning Policy Framework
- Paragraph 11
- Judgments
- People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244
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.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.