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Planning appeal decision

Dismissed29 December 20233323500

Land Adj 46 Theobalds Road, Leigh-on-Sea, SS9 2NE

Planning appeal 3323500 at Land Adj 46 Theobalds Road, Leigh-on-Sea, SS9 2NE (Southend-on-Sea City Council) was dismissed on 29 December 2023 by Inspector Kemmann-Lane T, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the site and the streetscene, and the presumption under paragraph 11(d)(ii) of the National Planning Policy Framework.

demolish existing garage and erect single storey detached dwellinghouse on land adjacent to 46 Theobalds road, raised decking area, associated amenity space and parking

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Kemmann-Lane T
Postcode
SS9 2NE

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the site and the streetscene, and the presumption under paragraph 11(d)(ii) of the National Planning Policy Framework

What decided it

The section 12 Framework policies requiring 'Achieving well-designed and beautiful places' outweigh the benefits of delivering a single dwelling, given the cramped and incongruous nature of the development and the Council's demonstrated housing land supply of 4.18 years.

The benefits of delivering a single dwelling were outweighed by the adverse impacts on character and appearance and the failure to achieve well-designed and beautiful places, when assessed against the Framework policies taken as a whole

What the Inspector cited

Development plan policies
Policy DM3Policy DM8Design and Townscape Guide Supplementary Planning Document paragraph 201
National Planning Policy Framework
Paragraph 11Paragraph 131Paragraph 139

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 applied

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.