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Planning appeal decision

Dismissed12 February 20253344547

The Oaks Clacton Road, Weeley Heath, CLACTON-ON-SEA, CO16 9EF

Demolition of existing dwelling and erection of a two storey 66no. bedroom care home for the elderly with ancillary buildings, landscaping and car parking

Authority
Tendring District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Major retail and services
Inspector
Pattison B

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • protected species, with particular regard to Great Crested Newts
  • highway safety, with particular regard to the provision of a financial contribution towards a waiting restriction scheme to prevent on-street car parking

What decided it

The potential harm to Great Crested Newts from the absence of required ecological surveys, combined with the harm to the character and appearance of the area caused by the building's size, bulk and extensive hardstanding, significantly and demonstrably outweighed the substantial benefits of providing care home accommodation in an area with demonstrable need.

The substantial benefits of providing 66 care home beds addressing demonstrable need for older people's accommodation, moderate economic benefits from employment creation, and modest landscape benefits were outweighed by the considerable weight attached to potential harm to a protected species (Great Crested Newts) and the harm to the semi-rural character and appearance of the area; the adverse impacts significantly and demonstrably outweighed the benefits.

Framework references: 11, 58, 73, 84, 110, 115, 124, 129, 135, 139, 192, 193

Plan policies cited: Policy SP7 of the Tendring District Local Plan 2013-2033 and Beyond - North Essex Authorities' Shared Strategic Section 1 Plan (2021), Policy SPL3 Part A of the Tendring District Local Plan 2013-2033 and Beyond – Section 2 (2022), Policy PPL3 of the Tendring District Local Plan 2013-2033 and Beyond – Section 2 (2022), Policy PPL4 of the Tendring District Local Plan 2013-2033 and Beyond – Section 2 (2022), Policy CP1 of the Tendring District Local Plan 2013-2033 and Beyond – Section 2 (2022), Policy LP10 of the Tendring District Local Plan 2013-2033 and Beyond – Section 2 (2022)

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.