®Planning appeal decision
Land to The North of Mount View, Fox Street , Ardleigh, Essex, CO7 7PS
3 bed detached eco bungalow and detached garage
- Authority
- Tendring District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Sibley G
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
Framework references: 11, 76, 79, 83, 99, 186
Plan policies cited: Policy SP3, Policy SPL1, Policy SPL2, Policy LP2, Policy LP7, Policy PPL3, Policy PPL4, Policy PPL10
Judgments cited: 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)
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.