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Dismissed30 January 20243319909

Land to Rear of The Hyde, Glebe Road, Ramsden Bellhouse, Essex, CM11 1RL

Planning appeal 3319909 at Land to Rear of The Hyde, Glebe Road, Ramsden Bellhouse, Essex, CM11 1RL (Basildon District Council) was dismissed on 30 January 2024 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development upon biodiversity.

Development of site to incorporate 9 Dwellings (C3 use)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D
Postcode
CM11 1RL

Main issues, as the Inspector framed them

  • the effect of the proposed development upon biodiversity
  • whether or not the proposed development would be inappropriate development in the Green Belt
  • the effect of the proposed development upon the openness of the Green Belt
  • the effect of the proposed development upon the character and appearance of the area
  • whether or not the proposed development would make adequate provision to mitigate flood risk and manage surface water
  • if the proposed development is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposal

What decided it

The unmitigated harm to the Blackwater Estuary Special Protection Area, combined with inappropriate Green Belt development causing substantial harm to openness, means the very special circumstances required to justify the proposal do not exist, and section 63(5) of the Habitats Regulations precludes the proposal from proceeding.

The significant weight given to housing supply benefits and potential biodiversity net gain did not clearly outweigh the substantial weight attributed to harm to the Green Belt (inappropriate development and loss of openness), harm to designated habitats sites, harm to character and appearance, and undemonstrated flood risk impacts; the tilted balance did not apply due to clear reasons for refusal relating to protected areas.

What the Inspector cited

Development plan policies
Policy GB1Policy BAS BE12Policy BAS BE13
National Planning Policy Framework
Paragraph 11Paragraph 130Paragraph 135Paragraph 142Paragraph 152Paragraph 153Paragraph 154Paragraph 173Paragraph 186

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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More decisions in Basildon Borough Council

The authority’s record since 2016 · every decision in 2024

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  5. Notice varied and upheld14 July 20263357480
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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.

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