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Planning appeal decision

Allowed4 July 20233314045

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

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

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Bowyer J

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

Framework references: 56

Plan policies cited: Policy CC16, Policy H7, Policy S8

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.