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Planning appeal decision

Allowed27 March 20233304800

369 Westborough Road, Westcliff on Sea, Essex, SS0 9TS

Planning appeal 3304800 at 369 Westborough Road, Westcliff on Sea, Essex, SS0 9TS (Southend-on-Sea City Council) was allowed on 27 March 2023 by Inspector Kemmann-Lane T, by written representations. The main issue, as the Inspector framed it: the effect of the development on the living conditions of neighbouring residential occupiers.

change of use of rear part of ground floor from ancillary storage space to the takeaway (class sui generis) to a house on ground and first floor (Class C3)(Retrospective)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Kemmann-Lane T
Postcode
SS0 9TS

Main issues, as the Inspector framed them

  • the effect of the development on the living conditions of neighbouring residential occupiers
  • the lack of outdoor amenity space and waste and cycle storage
  • the effect on the character and appearance of the area
  • the effect on habitats and species in accordance with the Habitats Regulations

What decided it

The site's sustainable location in a dense urban area adjacent to a local centre, combined with the absence of demonstrable harm to neighbours, character, or protected habitats (with appropriate mitigation), justified allowing the retrospective residential use despite the lack of outdoor amenity space.

What the Inspector cited

National Planning Policy Framework
Paragraph 56

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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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.