®Planning appeal decision
Land North of The Groves, Burnham Road, Latchingdon, Essex, CM3 6XD
Planning appeal 3331398 at Land North of The Groves, Burnham Road, Latchingdon, Essex, CM3 6XD (Maldon District Council) was allowed on 5 July 2024 by Inspector Nunn M, following an inquiry. The main issue, as the Inspector framed it: The acceptability of the proposal having regard to the adopted development plan and national policy, and whether there are material considerations to justify a determination other than in accordance with the development plan.
‘outline planning application (with all matters reserved except for means of access from Steeple Road and Burnham Road) for residential development of up to 160 dwellings including affordable housing, 10% bungalows, 100 sqm of office hub floorspace, 0.21ha of land for children’s day nursery and associated parking (Use Class E), community park, sustainable urban drainage system and associated infrastructure’
- Authority
- Maldon District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Nunn M
Main issues, as the Inspector framed them
- The acceptability of the proposal having regard to the adopted development plan and national policy, and whether there are material considerations to justify a determination other than in accordance with the development plan
What decided it
The substantial and significant benefits of the scheme, particularly the delivery of market and affordable housing, clearly outweighed the policy conflict with the development plan arising from the site's location outside the settlement boundary, in circumstances where no tangible land use harm was identified.
The substantial benefits of the scheme (market and affordable housing, economic, environmental and social benefits, and accessibility) clearly outweighed the conflict with the development plan's spatial strategy (Policies S1, S2 and S8), tipping the balance in favour of allowing the appeal.
What the Inspector cited
- Development plan policies
- Policy S1Policy S2Policy S8Policy D1Policy H4Policy H1
- National Planning Policy Framework
- Paragraph 11Paragraph 56Paragraph 57Paragraph 60Paragraph 85Paragraph 96Paragraph 180
- Judgments
- Bernhard Wheatcroft Ltd v SSE [JPL 1982 P37]; R(Holborn Studios) v London Borough of Hackney [2017] EWHC 2923
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Maldon
The authority’s record since 2016 · every decision in 2024
- Allowed18 August 20266005664Land West of Spratts Farm, Queenborough Road, Southminster, CM0 7AD
- Allowed6 July 20266004910Land West of the Cemetery, London Road,, Maldon, CM9 6LJ
- Allowed30 April 20266002783Land North East Of Woodham Mortimer Lodge, Lodge Road, Woodham Mortimer, Essex, CM9 6SJ
- Allowed8 April 20263373466Land Adjacent to Westerings, Purleigh, Essex, CM3 6PG
- Allowed2 February 20263365410Reddings Farm, Reddings Lane, Tillingham, CM0 7NX
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.