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Planning appeal decision

Dismissed27 September 20233314714

Land South Side, Dry Street, Basildon, Essex, ss16 5lt

5 no. new bungalows

Authority
Basildon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith D

Main issues, as the Inspector framed them

  • Whether the proposed dwellings would be inappropriate development within the Green Belt and, if so, whether other considerations clearly outweigh the harm to the Green Belt and any other harm, so as to amount to very special circumstances
  • The effect on openness and on the character and appearance of the area
  • The effect of the proposed dwellings on the integrity of Thames Estuary and Marshes Special Protection Area

What decided it

The absence of a secured planning obligation to fund mitigation for the likely significant effect on the Thames Estuary and Marshes SPA meant the proposal would adversely affect the integrity of a habitats site, which under the Conservation of Habitats and Species Regulations precluded the development from proceeding.

The significant benefits of housing delivery and provision for disabled people were outweighed by the very strong harm to Green Belt openness and purposes, harm to character and appearance, and the overriding objection arising from the unmitigated adverse effect on the SPA integrity.

Framework references: 11, 149, 182

Plan policies cited: Policy BAS GB1, Policy BAS BE12

Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195

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.