®Planning appeal decision
Land at and rear of 9 Church Road, Wickham Bishops, Essex, CM8 3LA
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
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).
Framework references: 11, 15, 56, 57, 110
Plan policies cited: Policy S1, Policy S2, Policy S8, Policy D1, Policy H1, Policy I1, Policy N1, Policy N3, Policy T2, Neighbourhood Plan Policy WBF 02, Neighbourhood Plan Policy WBF 03, Neighbourhood Plan Policy WBH 01, Neighbourhood Plan Policy WBEn 01, Neighbourhood Plan Policy WBEn 02, Neighbourhood Plan Policy WBEn 03, Neighbourhood Plan Policy WBEn 04
Judgments cited: Bernhard Wheatcroft Ltd v SSE [JPL 1982 P37]; Holborn Studios Ltd v London Borough of Hackney [2017] EWHC 2823 (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.