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Dismissed15 October 20243338292

Land Adjacent 92 Glendale Gardens, Leigh-on-Sea, Essex, SS9 2AY

Planning appeal 3338292 at Land Adjacent 92 Glendale Gardens, Leigh-on-Sea, Essex, SS9 2AY (Southend-on-Sea City Council) was dismissed on 15 October 2024 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would affect the integrity of the protected habitats sites scoped into the Essex Coast RAMS.

the extension and conversion of existing workshop to create new residential dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Sylvester G
Postcode
SS9 2AY

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.

What the Inspector cited

Development plan policies
CP4KP1KP2DM3DM6DM1DM8
National Planning Policy Framework
Paragraph 180Paragraph 186Paragraph 135Paragraph 11

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

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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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