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Dismissed29 January 20243316578

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

Planning appeal 3316578 at Grimshill Farm House, Southend Road, Billericay, CM11 2PP (Basildon District Council) was dismissed on 29 January 2024 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon designated Habitats sites.

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
Postcode
CM11 2PP

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.

What the Inspector cited

Development plan policies
Policy GB1Policy BAS BE12
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 135Paragraph 142Paragraph 152Paragraph 154Paragraph 186Paragraph 205Paragraph 206Paragraph 208

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.