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Planning appeal decision

Dismissed28 November 20243339318

19 Beveland Road, Canvey Island, SS8 7QU

Planning appeal 3339318 at 19 Beveland Road, Canvey Island, SS8 7QU (Castle Point Borough Council) was dismissed on 28 November 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 Benfleet and Southend Marshes Special Protection Area (SPA) and Ramsar site, the Foulness Estuary SPA and Ramsar site, and the Blackwater Estuary SPA and Ramsar site.

the demolition of existing bungalow and proposed 5 flats with garage and parking spaces

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sylvester G
Postcode
SS8 7QU

Main issues, as the Inspector framed them

  • Whether the proposed development would affect the integrity of the Benfleet and Southend Marshes Special Protection Area (SPA) and Ramsar site, the Foulness Estuary SPA and Ramsar site, and the Blackwater Estuary SPA and Ramsar site
  • The effect of the proposed development on the character and appearance of the area
  • Whether parking provision would be adequate
  • Whether the arrangements for the collection of refuse and recycling bins would be adequate

What decided it

The failure to secure the Essex Coast RAMS mitigation contribution through a legally binding planning obligation rather than direct payment meant the Inspector could not conclude with certainty that the proposal would not harm the integrity of the protected habitats sites, triggering a mandatory refusal under the Conservation of Habitats and Species Regulations 2017.

What the Inspector cited

Development plan policies
Policy EC2Policy H13Policy T8
National Planning Policy Framework
Paragraph 11Paragraph 135Paragraph 180Paragraph 186

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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More decisions in Castle Point

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

  1. Allowed14 September 20266007184
    Land South Of Daws Heath Road, Thundersley, SS7 2TA
  2. Notice varied and upheld4 September 20263350293
    The Hideaway, 23A Malyon Court Close, Benfleet, Essex, SS7 1TX
  3. Dismissed8 June 20266005397
    Land Rear of 60 Church Road, Benfleet, SS7 4BP
  4. Allowed5 June 20266005421
    127 Moreland Avenue, Thundersley, SS7 4JJ
  5. Allowed10 March 20266001714
    7 St Marys Drive, Benfleet, Essex, SS7 1LB

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.