Building at the Old Dairy , Broad Street, Green Road, Great Totham, Maldon, CM9 8NX

Main issues, as the Inspector framed them

• Whether the planning application as originally submitted is valid
• Whether the appeal site is a suitable location for development having regard to the Council's spatial strategy and the effect on the character and appearance of the countryside and surrounding area
• Whether the proposed development would provide adequate living conditions for future occupiers having regard to noise and disturbance and the provision of adequate private amenity space
• The effect of the proposed development on the integrity of habitats sites

What decided it

The significant harm to character and appearance of the countryside and the inadequate living conditions for future occupiers due to noise and disturbance from the adjacent access road outweighed the modest benefits of an additional dwelling and economic activity.

The adverse impacts of granting permission (significant harm to character and appearance, inadequate living conditions from noise and disturbance) significantly and demonstrably outweigh the benefits (modest housing contribution, economic benefits, brownfield development), such that the proposal does not benefit from the presumption in favour of sustainable development even if the tilted balance were engaged.