®Planning appeal decision
182A Tankerville Drive, Leigh on Sea, SS9 3DA
to construct new 2 bedroom flat on roof of existing block of 4 flats and provide additional parking spaces to side and front
- Authority
- Southend-on-Sea City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Sylvester G
Main issues, as the Inspector framed them
- The effect of the proposed development on the character and appearance of the host property and area
- Whether the proposed development would affect the integrity of a protected European site of nature conservation importance
- The effect of the proposed development on the living conditions of the occupiers of the ground floor flat (Flat 1), with particular regard to noise and disturbance
What decided it
The harmful effect on the character and appearance of the area caused by the overly complex and visually intrusive roof form, combined with the failure to properly secure mitigation for impacts on protected European sites of nature conservation importance, which provides a clear reason for refusal under Footnote 7 to Paragraph 11.d)i. of the Framework.
The significant weight given to the conflict with development plan policies on character and appearance and protection of European sites was not outweighed by the limited socio-economic benefits of delivering a single residential unit, and the European sites issue removed the application of the Framework's presumption in favour of sustainable development.
Framework references: 130, 219, 11
Plan policies cited: Policy CP4, Policy KP1, Policy KP2, Policy DM1, Policy DM3, Policy DM5, Policy DM6
Judgments cited: Bernard Wheatcroft Ltd v SSE 1982
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.