®Planning appeal decision
Land Adjacent 92 Glendale Gardens, LEIGH-ON-SEA, ESSEX, SS9 2AY
the extension and conversion of existing workshop to create new residential dwelling
- Authority
- Southend-on-Sea City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Sylvester G
Main issues, as the Inspector framed them
- Whether the proposed development would affect the integrity of the protected habitats sites scoped into the Essex Coast RAMS
- The effect of the proposed development on the character and appearance of the area
- Whether adequate living conditions would be provided for future occupiers of the proposed dwelling, with particular regard to outlook and access to daylight and sunlight
What decided it
The failure to secure the Essex RAMS mitigation measures through a legally binding planning obligation means the proposal would have a significant adverse effect on the integrity of protected European habitats sites, which is a determinative matter requiring refusal under Regulation 63(5) of the Conservation of Habitats and Species Regulations 2017.
The proposal's benefits in housing supply and efficient use of previously developed land do not outweigh the determinative issue of significant adverse effects on protected habitats sites; had the RAMS measures been properly secured, the low-level harm to character and appearance would not have significantly and demonstrably outweighed the benefits.
Framework references: 180, 186, 135, 11
Plan policies cited: CP4, KP1, KP2, DM3, DM6, DM1, DM8
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.