®Planning appeal decision
995-1003 London Road, Leigh-on-Sea, Essex, SS9 3LB
erect two storey rear extension and form new second floor to the main building with roof terrace to form a further 4no. self contained flats with associated parking, bin and cycle storage”
- Authority
- Southend-on-Sea City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wright A
Main issues, as the Inspector framed them
- whether the proposed development would provide acceptable living conditions for the future occupiers of units 1 and 2, with particular regard to the provision of external amenity space
- the effect of the proposal on the living conditions of the occupiers of 10 Grasmead Avenue, with particular regard to outlook
- the effect of the proposal on the integrity of Habitats Sites
What decided it
The failure to secure appropriately mitigated effects on the integrity of Habitats Sites through a planning obligation, as required by the Habitats Regulations, made the appeal dismissible regardless of other considerations.
The benefits of four additional dwellings in an urban regeneration area with good access to services and public transport would not outweigh the harm to the integrity of Habitats Sites; the presumption in favour of sustainable development in paragraph 11 of the Framework does not apply where Habitats Sites are at risk under paragraph 188 of the Framework.
Framework references: 11, 188
Plan policies cited: Policy DM8, Policy KP2, Policy CP4, Policy DM1, Policy DM3
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.