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Allowed4 July 20233314045

Withs Farm Beckingham Road, Great Totham, Maldon, CM9 8EA

Planning appeal 3314045 at Withs Farm Beckingham Road, Great Totham, Maldon, CM9 8EA (Maldon District Council) was allowed on 4 July 2023 by Inspector Bowyer J, following a hearing. The main issue, as the Inspector framed it: The main issue is whether or not the Disputed Condition is reasonable and necessary including having regard to needs for agricultural and essential workers' accommodation.

erection of one dwelling’ without complying with a condition attached to planning permission Ref MAL/892/85, dated 15 January 1986

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Bowyer J
Postcode
CM9 8EA

Main issues, as the Inspector framed them

  • The main issue is whether or not the Disputed Condition is reasonable and necessary including having regard to needs for agricultural and essential workers' accommodation.

What decided it

The demonstrated lack of demand for the dwelling from eligible agricultural, forestry or golf-club occupiers despite comprehensive marketing meant the occupancy condition no longer served a useful purpose and was unreasonable to retain.

the unreasonableness and unnecessary nature of the occupancy condition outweighed the resulting conflict with the LDP's spatial strategy for tied dwellings in the countryside

What the Inspector cited

Development plan policies
Policy CC16Policy H7Policy S8
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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More decisions in Maldon

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

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  5. Allowed18 August 20266005664
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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.