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Dismissed16 October 20233309631

Oaklands, Scalby Road, Southminster, CM0 7BP

Planning appeal 3309631 at Oaklands, Scalby Road, Southminster, CM0 7BP (Maldon District Council) was dismissed on 16 October 2023 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: whether the proposed development would provide a suitable location for housing, having regard to the Council's spatial strategy and accessibility to services and facilities.

demolition of existing buildings and erection of a single residential dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith J

Main issues, as the Inspector framed them

  • whether the proposed development would provide a suitable location for housing, having regard to the Council's spatial strategy and accessibility to services and facilities
  • the effect of the proposal on the character and appearance of the area

What decided it

The adverse impacts of granting permission—harm to character and appearance and poor access to services and facilities by sustainable transport modes—significantly and demonstrably outweighed the modest benefits, such that the proposal did not benefit from the presumption in favour of sustainable development.

the harm to character and appearance and poor access to services and facilities by walking, cycling or public transport, given significant weight, outweighed the modest benefits of providing one additional dwelling and self-build housing, resulting in dismissal

What the Inspector cited

Development plan policies
Policy S1Policy S8Policy T2Policy D1Policy H4
National Planning Policy Framework
Paragraph 11Paragraph 69Paragraph 80Paragraph 105Paragraph 124Paragraph 130

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 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.