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Planning appeal decision

Dismissed5 December 20243341602

Land Opposite Heyburns, Southlands Road, Crays Hill, Billericay Essex, CM11 2XB

Erection of 4 no. residential dwellinghouses

Authority
Basildon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D

Main issues, as the Inspector framed them

  • the effect of the proposed development upon designated Habitats sites
  • whether or not the proposed development would be inappropriate development in the Green Belt
  • the effect of the proposed development upon Green Belt openness
  • the effect of the proposed development upon the character and appearance of the area
  • if the proposed development is inappropriate development, whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations, and if so, would this amount to the very special circumstances required to justify the proposed development

What decided it

The failure to secure adequate mitigation for likely significant effects on designated Habitats sites through a properly executed planning obligation, which precluded the development under section 63(5) of the Conservation of Habitats and Species Regulations 2017.

The benefits of housing delivery, economic benefits, and positive effects on character and appearance would clearly outweigh the harm to Green Belt openness and inappropriateness, constituting very special circumstances; however, this balance was overridden by the unmitigated harm to designated Habitats sites, which is of such a high order as to significantly outweigh all benefits.

Framework references: 11, 11d, 135c, 142, 152, 154e, 186a

Plan policies cited: Policy GB1, Policy GB3, Policy GB4, Policy BE12

Judgments cited: Julian Wood v SSCLG and Gravesham Borough Council [2015] EWCA Civ 195

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.