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Planning appeal decision

Dismissed27 January 20253339583

Magnolia Lodge, Lower Road, HOCKLEY, SS5 5LD

new residential development of 3 x three bedroom detached houses on a previously developed site formally occupied by a light industrial business. Change of use from B1(c) Offices to C3 Dwelling houses

Authority
Rochford District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Savage K

Main issues, as the Inspector framed them

  • Whether the proposal would be inappropriate development in the Green Belt having regard to relevant development plan policies, the provisions of the Framework and the effect on the openness of the Green Belt
  • The effect on the character and appearance of the area
  • Whether the proposal would provide a suitable standard of accommodation for future occupants, with respect to noise from adjacent uses
  • The effect of the proposal on protected habitats sites
  • If the proposal would be inappropriate development whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify it

What decided it

The failure to secure mitigation for adverse effects on the Crouch & Roach Estuary Special Protection Areas and RAMSAR sites through a binding mechanism, combined with the absence of overriding public interest justification, was the decisive issue in refusing the appeal.

Framework references: 154, 11

Plan policies cited: Policy GB1, Policy CP1, Policy DM1, Policy DM3, Policy ENV1

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.