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Planning appeal decision

Dismissed14 December 20233304513

The Barn, Braxted Park Road, Tiptree Heath, CO5 0QB

the erection of four 3-bedroom new build dwellings

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sylvester G

Main issues, as the Inspector framed them

  • Whether the proposed development would affect the integrity of the Blackwater Estuary Special Protection Area (SPA) and Ramsar site, and the Dengie SPA and Ramsar site, which are designated European sites of nature conservation importance
  • Whether the proposed dwellings would be in an appropriate location for new housing, with particular regard to the Council's settlement strategy and accessibility to local facilities and services
  • The effect on the character and appearance of the area
  • If there is any harm, whether this is outweighed by other considerations, particularly whether there is a fallback position for an alternative proposed development

What decided it

The adverse effects on the integrity of the designated European sites of nature conservation importance, which provide a clear reason for refusal under Footnote 7 to Paragraph 11.d)i. of the Framework and cannot be outweighed by the fallback position or other material considerations.

The modest benefits to character and appearance and the fallback Class Q scheme were outweighed by the very significant weight of the adverse effects on the integrity of the designated European sites, which provided a clear reason for refusal under the Framework's presumption in favour of sustainable development.

Framework references: 11, 130, 174, 180

Plan policies cited: Policy S1, Policy S8, Policy T1, Policy T2, Policy D1, Policy H4, Policy I1

Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.