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Allowed4 February 20253333081

Land at and Rear of 9 Church Road, Wickham Bishops, Essex, CM8 3LA

Planning appeal 3333081 at Land at and Rear of 9 Church Road, Wickham Bishops, Essex, CM8 3LA (Maldon District Council) was allowed on 4 February 2025 by Inspector Williams K, by written representations. The main issue, as the Inspector framed it: whether the proposal would be in a suitable location having regard to local policies concerned with housing and accessibility.

for the demolition of 9 Church Road, creation of new access and the development of up to 50 dwellings including associated car parking, open space and landscaping

Authority
Maldon District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Williams K
Postcode
CM8 3LA

Main issues, as the Inspector framed them

  • whether the proposal would be in a suitable location having regard to local policies concerned with housing and accessibility
  • the effects of the scale and location of the proposed development upon the character and appearance of the settlement of Wickham Bishops
  • whether the s106 would address the requirements for affordable housing, public open space, and contributions towards healthcare, education, libraries and Habitats sites

What decided it

The Council's inability to demonstrate a five-year housing land supply, combined with the provision of 50 dwellings including 50% affordable housing in a suitable and accessible location, meant the presumption in favour of sustainable development applied and the benefits outweighed the development plan conflicts and localised visual harm.

The adverse impacts of conflict with the development plan due to location outside the defined settlement boundary and moderate visual harm to the immediate site do not significantly and demonstrably outweigh the benefits of 50 homes (including 25 affordable units) in a suitable location, when assessed against the Framework as a whole, applying the tilted balance under paragraph 11(d).

What the Inspector cited

Development plan policies
Policy S1Policy S2Policy S8Policy D1Policy H1Policy I1Policy N1Policy N3Policy T2Neighbourhood Plan Policy WBF 02Neighbourhood Plan Policy WBF 03Neighbourhood Plan Policy WBH 01Neighbourhood Plan Policy WBEn 01Neighbourhood Plan Policy WBEn 02Neighbourhood Plan Policy WBEn 03Neighbourhood Plan Policy WBEn 04
National Planning Policy Framework
Paragraph 11Paragraph 15Paragraph 56Paragraph 57Paragraph 110
Judgments
Bernhard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v London Borough of Hackney [2017] EWHC 2823 (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.

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The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.