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Dismissed15 May 20233303333

182A Tankerville Drive, Leigh on Sea, SS9 3DA

Planning appeal 3303333 at 182A Tankerville Drive, Leigh on Sea, SS9 3DA (Southend-on-Sea City Council) was dismissed on 15 May 2023 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the host property and area.

to construct new 2 bedroom flat on roof of existing block of 4 flats and provide additional parking spaces to side and front

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sylvester G
Postcode
SS9 3DD

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.

What the Inspector cited

Development plan policies
Policy CP4Policy KP1Policy KP2Policy DM1Policy DM3Policy DM5Policy DM6
National Planning Policy Framework
Paragraph 130Paragraph 219Paragraph 11
Judgments
Bernard Wheatcroft Ltd v SSE 1982

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

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More decisions in Southend-on-Sea City Council

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

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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.

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.