Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed10 February 20233298297

Land Adjacent 31 Woodrolfe Road , Tollesbury, Essex, CM9 8SB

Planning appeal 3298297 at Land Adjacent 31 Woodrolfe Road , Tollesbury, Essex, CM9 8SB (Maldon District Council) was dismissed on 10 February 2023 by Inspector Dyer I, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the site and the surrounding area.

erection of 1no detached three-bedroom chalet (1.5 storey)

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dyer I
Postcode
CM9 8SB

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the site and the surrounding area
  • Whether the proposal would provide adequate living conditions for future occupiers, with particular reference to the provision of outdoor amenity space
  • The effect of the proposal on European Protected Sites

What decided it

The proposal would cause substantial harm to designated European Sites because no legal agreement securing mitigation was before the Inspector, and this harm, combined with the identified harm to character and appearance and living conditions, substantially and demonstrably outweighed the limited benefits of the scheme.

The limited benefits of providing one additional dwelling in a sustainable location were substantially and demonstrably outweighed by the substantial harm to designated European Sites, character and appearance, and living conditions of future occupiers.

What the Inspector cited

Development plan policies
Policy S1Policy D1Policy H4Policy N1Policy N2
National Planning Policy Framework
Paragraph 11Paragraph 12Paragraph 180
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; 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 applied

The decision letter

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

21 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Maldon

The authority’s record since 2016 · every decision in 2023

  1. Dismissed29 October 20266011264
    Rosary, Grange Road, Tillingham, CM0 7UR
  2. Dismissed16 October 20266009926
    Agricultural Building At Wraywick Farm, The Marshes, Southminster, CM0 7JN
  3. Dismissed14 October 20266009639
    Land Adjacent Howells Farm Cottages, Maypole Road, Great Totham, CM9 4SY
  4. Allowed16 September 20266012906
    43 Main Road, St Lawrence, Chelmsford, CM0 7LY
  5. Allowed18 August 20266005664
    Land West of Spratts Farm, Queenborough Road, Southminster, CM0 7AD

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.