Planning appeal decision
116 Maldon Road, Danbury, Chelmsford, Essex, CM3 4RA
Planning appeal 3335751 at 116 Maldon Road, Danbury, Chelmsford, Essex, CM3 4RA (Chelmsford Borough Council) was dismissed on 6 September 2024 by Inspector Pattison B, by written representations. The main issue, as the Inspector framed it: 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.
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
- Postcode
- CM3 4RA
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.
What the Inspector cited
- Development plan policies
- Policy DM29Policy DM26Policy DM16Policy DM23
- National Planning Policy Framework
- Paragraph 135
- Judgments
- Holborn Studios Ltd v The Council of the 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.
See how each was appliedThe decision letter
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More decisions in Chelmsford City Council
The authority’s record since 2016 · every decision in 2024
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- Dismissed18 September 20266013673Five Gables Cherry Garden Lane, Danbury, Chelmsford, CM3 4QY
- Dismissed15 September 20266006289Land North Of Lyndale, Twitty Fee, Danbury, Chelmsford, CM3 4PG
- Dismissed8 September 20266009587The Meadows (Shopping Centre), High Street, Chelmsford, CM2 6FD
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.
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