Planning appeal decision
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.
®