®Planning appeal decision
41, 65 and Land Adjacent Potash Road, Billericay, Essex, CM11 1DL
Planning appeal 3326612 at 41, 65 and Land Adjacent Potash Road, Billericay, Essex, CM11 1DL (Basildon District Council) was dismissed on 23 January 2024 by Inspector Price J, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposal on the openness of the Green Belt and the purposes of including land within it, including landscape impacts.
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
- Postcode
- CM11 1DL
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
What the Inspector cited
- Development plan policies
- BAS GB1BAS S5BAS BE12
- National Planning Policy Framework
- Paragraph 77Paragraph 85Paragraph 135Paragraph 143Paragraph 145Paragraph 150Paragraph 152Paragraph 153Paragraph 180Paragraph 186Paragraph 20
- Judgments
- Turner v SSCLG & East Dorset Council [2016] EWCA Civ 466
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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- Allowed1 July 20266006402Land East of Bells Hill Road, Basildon, SS16 5JT
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.