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Planning appeal decision

Allowed11 November 20243342224

Land to the south & east of the former Chimes Garden Centre, & rear of 95 Old Nazeing Road, Walhtam Abbey, EN10 6RJ

Authority
Epping Forest District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Dade E

Main issues, as the Inspector framed them

  • Whether the officer report misled the planning committee members in material matters, including the affordable housing sum, past delivery of housing, regularisation of the access road, and decontamination of the site
  • Whether the Council's non-disclosure of counsel's advice amounted to unreasonable behaviour
  • Whether the Council erred through the amount of weight attributed to policy compliant aspects of the development in the planning balance

What decided it

The Inspector found that even if the Council had weighted policy-compliant matters differently, it would not have changed the conclusion that very special circumstances did not clearly outweigh the identified Green Belt and other harms, so no unreasonable behaviour was established.

Framework references: 76, 77, 152, 153

Plan policies cited: Policy H2

Judgments cited: Vistry Homes v Secretary of State [2024] EWHC 2088 (Admin)

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.