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Planning appeal decision

Dismissed29 January 20243316578

Grimshill Farm House, Southend Road, BILLERICAY, CM11 2PP

development of 4 affordable chalet bungalows

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

Main issues, as the Inspector framed them

  • the effect of the proposed development upon designated Habitats sites
  • whether or not the proposed development would be inappropriate development in the Green Belt and the effect upon the openness of the Green Belt
  • the effect of the proposed development upon the character and appearance of the area
  • the effect of the proposed development upon the setting and significance of Grimshill Farmhouse as a Grade II listed building

What decided it

The proposed development would adversely affect the integrity of the Blackwater Estuary SPA because the planning obligation did not secure mitigation measures before occupation of the first dwellings, and Regulation 63(5) of the Habitats Regulations precludes the proposal from proceeding.

The public benefits of four affordable homes and contribution to housing supply (of high order given acute housing need and 1.85-year land supply) and less-than-substantial heritage harm would be outweighed by the substantial weight of the adverse effects on the SPA integrity and harm to character and appearance; the tilted balance did not apply due to the designated Habitats site protection.

Framework references: 11, 57, 135, 142, 152, 154, 186, 205, 206, 208

Plan policies cited: Policy GB1, Policy BAS BE12

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.