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Planning appeal decision

Allowed5 July 20243331398

Land north of The Groves, Burnham Road, Latchingdon, Essex, CM3 6XD

‘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.

Framework references: 11, 56, 57, 60, 85, 96, 180

Plan policies cited: Policy S1, Policy S2, Policy S8, Policy D1, Policy H4, Policy H1

Judgments cited: Bernhard Wheatcroft Ltd v SSE [JPL 1982 P37]; R(Holborn Studios) v London Borough of Hackney [2017] EWHC 2923

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.