®Planning appeal decision
Land East Of Guisnes Lodge, Chapel Road, Tolleshunt d'Arcy, CM9 8TW
residential development of up to 4 no. dwellings and associated works (all matters reserved)
- Authority
- Maldon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Dring G
Main issues, as the Inspector framed them
- whether the site represents a suitable location for the proposed development, having regard to access to services and facilities and private car ownership
- the effect of the proposal on the character and appearance of the area
- the effect of the proposal on protected species and priority habitat sites
What decided it
The significant harm to rural character and appearance, combined with the site's unsustainable location requiring private car dependency and insufficient evidence to protect species, significantly and demonstrably outweighed the modest benefits of delivering four dwellings.
The significant harm to rural character and appearance, unsustainable location requiring private car dependency, and insufficient species protection significantly and demonstrably outweighed the modest benefits of housing delivery and limited economic benefits, tipping against the proposal.
Framework references: 11, 78, 79, 80, 105, 119, 174
Plan policies cited: Policy S1, Policy S8, Policy H4, Policy T2, Policy T1, Policy D1, Policy N2
Judgments cited: Hallam Land v SSCLG [2018] EWCA Civ 1808; Cheshire East vs SSCLG [2016] EWHC 571 (Admin); East Staffordshire BC v SSCLG [2017] EWCA Civ 893; Suffolk Coastal DC v Hopkin Homes & SSCLG and Richborough Estates v Cheshire East BC & SSCLG [2016] EWCA Civ 168
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.