®Planning appeal decision
Land East Of Guisnes Lodge, Chapel Road, Tolleshunt d'Arcy, CM9 8TW
Planning appeal 3315464 at Land East Of Guisnes Lodge, Chapel Road, Tolleshunt d'Arcy, CM9 8TW (Maldon District Council) was dismissed on 15 September 2023 by Inspector Dring G, by written representations. The main issue, as the Inspector framed it: whether the site represents a suitable location for the proposed development, having regard to access to services and facilities and private car ownership.
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
- Postcode
- CM9 8TW
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.
What the Inspector cited
- Development plan policies
- Policy S1Policy S8Policy H4Policy T2Policy T1Policy D1Policy N2
- National Planning Policy Framework
- Paragraph 11Paragraph 78Paragraph 79Paragraph 80Paragraph 105Paragraph 119Paragraph 174
- Judgments
- 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
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Maldon
The authority’s record since 2016 · every decision in 2023
- Dismissed29 October 20266011264Rosary, Grange Road, Tillingham, CM0 7UR
- Dismissed16 October 20266009926Agricultural Building At Wraywick Farm, The Marshes, Southminster, CM0 7JN
- Dismissed14 October 20266009639Land Adjacent Howells Farm Cottages, Maypole Road, Great Totham, CM9 4SY
- Allowed16 September 2026601290643 Main Road, St Lawrence, Chelmsford, CM0 7LY
- Allowed18 August 20266005664Land West of Spratts Farm, Queenborough Road, Southminster, CM0 7AD
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.