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Planning appeal decision

Dismissed24 July 20243332275

Land to The North of Mount View, Fox Street , Ardleigh, Essex, CO7 7PS

Planning appeal 3332275 at Land to The North of Mount View, Fox Street , Ardleigh, Essex, CO7 7PS (Tendring District Council) was dismissed on 24 July 2024 by Inspector Sibley G, by written representations. The main issue, as the Inspector framed it: whether the appeal site would be in a suitable location for new housing.

3 bed detached eco bungalow and detached garage

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sibley G
Postcode
CO7 7PS

Main issues, as the Inspector framed them

  • whether the appeal site would be in a suitable location for new housing
  • the effect of the proposed development on ecology and biodiversity
  • the effect of the proposed development on the character and appearance of the area
  • whether the Council can demonstrate the required supply of housing sites

What decided it

The site's location outside the settlement boundary and failure to meet the accessibility requirements for self-build housing under Policy LP7, combined with insufficient ecological information to rule out significant biodiversity harm, rendered the proposal fundamentally incompatible with the development plan.

the modest benefits of delivering a single self-build dwelling and limited economic and environmental benefits were substantially outweighed by the fundamental conflict with the spatial strategy of the development plan and the significant concern about potential unmitigated harm to biodiversity

What the Inspector cited

Development plan policies
Policy SP3Policy SPL1Policy SPL2Policy LP2Policy LP7Policy PPL3Policy PPL4Policy PPL10
National Planning Policy Framework
Paragraph 11Paragraph 76Paragraph 79Paragraph 83Paragraph 99Paragraph 186
Judgments
Pertemps Investments Ltd v Secretary of State for Communities and Local Government & Solihull Metropolitan Borough Council [2015] EWHC 2308 (Admin); Baroness Cuberlege of Newick & Patrick Cumberlege v Secretary of State for Communities and Local Government & DLA Delivery Limited [2017] EWHC 2057 (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 applied

The decision letter

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More decisions in Tendring

The authority’s record since 2016 · every decision in 2024

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  3. Dismissed18 February 20263368792
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  4. Dismissed19 December 20253373744
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  5. Allowed10 December 20253365138
    Land Rear of 210- 212 St. Osyth Road, Clacton-on-Sea, CO15 3HB

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.