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

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

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.

Framework references: 11, 12, 180

Plan policies cited: Policy S1, Policy D1, Policy H4, Policy N1, Policy N2

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.