Planning appeal decision
Cefn Coed, Deerbank Road, Billericay, Essex, CM11 1BB
Planning appeal 3325601 at Cefn Coed, Deerbank Road, Billericay, Essex, CM11 1BB (Basildon District Council) was allowed on 15 July 2025 by Inspector Shields T, following a hearing. The main issue, as the Inspector framed it: the effect on openness, and whether inappropriate development in the Green Belt.
without planning permission engineering operations involving the excavation of earth and the installation of a concrete suspended floor foundation on the land
- Authority
- Basildon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Other minor developments
- Inspector
- Shields T
- Postcode
- CM11 1BB
Main issues, as the Inspector framed them
- the effect on openness, and whether inappropriate development in the Green Belt
- the effect on the character and appearance of the area and residential amenity
- the effect on the SSSI/Local Nature Reserve
- if inappropriate, whether any harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations (including a fallback argument), so as to amount to the very special circumstances required to justify the development
What decided it
The realistic and more harmful fallback position (the certificated lawful development, or further permitted development under Class E) was found to outweigh the Green Belt harm, amounting to very special circumstances.
Substantial weight attached to Green Belt harm (inappropriateness and limited loss of openness) was clearly outweighed by substantial weight attached to the realistic fallback position causing equal or greater harm, together with further weight from the scope for permitted development alternatives and limited weight from short-term disruption, amounting to very special circumstances justifying the grant of planning permission.
What the Inspector cited
- Development plan policies
- Policy BAS BE12LP Policy BAS C5LP Policy BAS C1
- National Planning Policy Framework
- Paragraph 153Paragraph 154Paragraph 155
- Judgments
- Nelsovil v SSE [1962] 13 P&CR 151; Thrasyvoulou v SSE & Hackney LBC (No1) [1984] JPL 732; Gabbitas v SSE & Newham LBC [1985] JPL 630; Ravensdale Ltd v SSCLG & Waltham Forest LBC [2016] EWHC 2374 (Admin); Eatherley v London Borough of Camden v James Ireland [2016] EWHC 1861 Admin; Warwickshire DC v SSLUHC [2022] EWHC 2145 (Admin); Schneck v SSHCLG & West Berkshire DC [2022] EWHC 3335 (Admin)
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 appliedThe decision letter
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- Split Decision16 July 20263353645Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX
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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