Corner Club, 149 High Street, Canvey Island, SS8 7RQ

Main issues, as the Inspector framed them

• Whether the proposed development would affect the integrity of the Benfleet and Southend Marshes Special Protection Area (SPA) and Ramsar site, Foulness Estuary SPA and Ramsar site, and the Blackwater Estuary SPA and Ramsar site, which are protected European sites of nature conservation importance under the Conservation of Habitats and Species Regulations 2017 as amended
• Whether or not the proposed development would prejudice the development of land to the rear of the appeal site, with particular regard to the outlook and privacy of future occupiers
• The effect of the proposed development on the living conditions of nearby occupiers and future occupiers of the proposed development, with particular regard to off-street vehicle parking provision
• The effect of the proposed development on the character and appearance of the area with particular regard to the position of the off-street parking provision

What decided it

The proposal would have adverse effects on the integrity of protected European sites (SPAs) that could not be adequately mitigated by an effective legal obligation, providing a clear reason for refusal under Framework Footnote 7 to Paragraph 11.d)i.

The modest benefits of housing delivery, economic activity and environmental enhancement were substantially outweighed by the substantial harm to the integrity of the SPAs, which attracted substantial weight and was not outweighed by the fallback development of the 4-unit scheme.