Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed31 July 20243335699

995-1003 London Road, Leigh-on-Sea, Essex, SS9 3LB

Planning appeal 3335699 at 995-1003 London Road, Leigh-on-Sea, Essex, SS9 3LB (Southend-on-Sea City Council) was dismissed on 31 July 2024 by Inspector Wright A, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
SS9 3LB

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.

What the Inspector cited

Development plan policies
Policy DM8Policy KP2Policy CP4Policy DM1Policy DM3
National Planning Policy Framework
Paragraph 11Paragraph 188

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

216 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Southend-on-Sea City Council

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

  1. Allowed25 September 20266007335
    Lawn Cottage, Wakering Road, Southend-on-Sea, SS3 0PY
  2. Allowed17 September 20266011040
    26 Stirling Avenue, Leigh on Sea, SS9 3PP
  3. Allowed15 September 20266008643
    19 Southbourne Grove, Southend-on-Sea, SS0 9UW
  4. Dismissed26 August 20266008366
    11 Lonsdale Road, Southend-on-sea, SS2 4LZ
  5. Allowed20 April 20266003558
    43 Woodgrange Drive, Southend, Essex, SS1 2SD

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.