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Planning appeal decision

Dismissed6 September 20243335751

116 Maldon Road, Danbury, CHELMSFORD, Essex, CM3 4RA

demolition of existing residential dwelling and replacement with four dwellings with associated car parking and private amenity space

Authority
Chelmsford Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Pattison B

Main issues, as the Inspector framed them

  • the effect of the proposal on the living conditions of occupiers of neighbouring properties, with particular regard to privacy, overshadowing and outlook for the occupiers of Hyde House
  • whether the proposal would provide satisfactory provision for the storage and collection of waste
  • the effect of the proposal on biodiversity net gain and protected species, with particular regard to badgers and great crested newts
  • the effect of the proposal on the character and appearance of the area

What decided it

The harmful loss of privacy to neighbouring occupiers at Hyde House from the first-floor bedroom window in Plot 2, combined with the failure to demonstrate satisfactory waste storage and collection arrangements, outweighed the modest benefits of housing delivery and economic activity.

The harm to neighbouring living conditions (considerable weight) and failure to provide satisfactory waste storage and collection (significant weight) outweighed the benefits of housing delivery and economic, social and environmental benefits (modest weight), tipping the balance against the proposal.

Framework references: 135

Plan policies cited: Policy DM29, Policy DM26, Policy DM16, Policy DM23

Judgments cited: Holborn Studios Ltd v The Council of the 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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.