®Planning appeal decision
Land South Side, Dry Street, Basildon, Essex, SS16 5LT
Planning appeal 3314714 at Land South Side, Dry Street, Basildon, Essex, SS16 5LT (Basildon District Council) was dismissed on 27 September 2023 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: 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.
5 no. new bungalows
- Authority
- Basildon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Smith D
- Postcode
- SS16 5LT
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.
What the Inspector cited
- Development plan policies
- Policy BAS GB1Policy BAS BE12
- National Planning Policy Framework
- Paragraph 11Paragraph 149Paragraph 182
- Judgments
- Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Basildon Borough Council
The authority’s record since 2016 · every decision in 2023
- Split Decision16 July 20263353645Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
- Notice varied and upheld14 July 20263357480The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
- Allowed14 July 20263357389The Hall, Church Road, Ramsden Bellhouse, Billericay, Essex, CM11 1RT
- Notice varied and upheld7 July 20263348737Land North of Studland Avenue, Wickford, Essex, SS12 0JP
- Allowed1 July 20266006402Land East of Bells Hill Road, Basildon, SS16 5JT
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.