41, 65 and Land Adjacent Potash Road, Billericay, Essex, CM11 1DL

outline planning application with some matters reserved, except means of access, for demolition of two dwellinghouses at Nos. 41 and 65 Potash Road and erection of up to 150 dwellings and a 50-bed care home, together with car parking, landscaping, surface water drainage basins and associated works

Authority: Basildon District Council
Appeal type: major · Planning Appeal
Procedure: Inquiry
Development: residential · Major dwellings
Inspector: Price J

Main issues, as the Inspector framed them

The effect of the proposal on the openness of the Green Belt and the purposes of including land within it, including landscape impacts
Whether there would be adequate mitigation for the proposal's effects on the hazel dormouse
The need for the housing proposed, including affordable and care home provision
Whether any Green Belt or other harm would be clearly outweighed by other considerations, so as to amount to the very special circumstances required to justify the proposal

What decided it

The Green Belt harm (inappropriateness, loss of openness and conflict with Green Belt purposes), taken together with significant landscape harm, was not clearly outweighed by the other considerations advanced, so very special circumstances did not exist.

the very substantial weight given to housing, affordable housing and care home benefits, together with significant economic benefits and limited benefits from open space, public transport and biodiversity net gain, did not clearly outweigh the substantial Green Belt harm and significant landscape harm, so very special circumstances were not established and the balance tipped against the proposal

Framework references: 77, 85, 135, 143, 145, 150, 152, 153, 180, 186, 20

Plan policies cited: BAS GB1, BAS S5, BAS BE12

Judgments cited: Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.