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Planning appeal decision

Dismissed9 May 20233310794

Land East of Manor Trading Estate, Benfleet, Essex, SS7 4PS

68 residential units, three Class E (commercial, business and service) units, one B2 (general industrial) unit and two B8 (storage and distribution) units with associated access, parking, amenity space, strategic landscaping and noise attenuation, restoration and improvement of existing estate roads and infrastructure

Authority
Castle Point Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Clark P

Main issues, as the Inspector framed them

  • The effects of the proposal on the openness and purposes of the Green Belt.
  • The effects of the proposal on safeguarded waste disposal sites within the adjoining Manor Trading Estate.
  • The effects on the proposal of noise from the Manor Trading Estate.
  • The effects of the proposal on the supply of and demand for parking for non-residential uses.
  • Whether there is an adequate supply of housing land in the area.
  • Whether there is an adequate supply of employment land in the area.
  • Whether any harm to the Green Belt by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal.

What decided it

The combination of Green Belt harm (to which substantial weight was attached) and the unresolved noise harm to future residents' living conditions was not clearly outweighed by the housing, affordable housing and other benefits, so very special circumstances were not demonstrated.

The harm to the Green Belt (moderate to openness, limited to purposes, given substantial weight) combined with harm to living conditions from noise was not clearly outweighed by the substantial-weight benefits of housing and affordable housing delivery, even supplemented by limited employment land, environmental improvement and biodiversity net gain benefits, so the appeal was dismissed.

Framework references: 149, 150, 138, 148, 187, 130, 185

Plan policies cited: Policy GB1, policy 2, policy T8, policy H7, policy ED7, Strategic Policy EC1

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.