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Planning appeal decision

Allowed18 March 20253350230

Land to the East of Broad Street Green Road, Broad Street Green , Heybridge , Essex, CM9 4BE

‘Full planning application for a residential development of 281 dwellings, including affordable homes and bungalows, formation of new vehicular and pedestrian access, associated open space, parking and landscaping’

Authority
Maldon District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Rose D

Main issues, as the Inspector framed them

  • Whether the planning obligations in the Planning Agreement under section 106 of the Town and Country Planning Act 1990 would secure appropriate and acceptable mitigation for: (a) the provision of infrastructure to meet the needs of the development including measures to secure the delivery of public open space and its subsequent maintenance and management; and (b) measures to avoid any increase in recreational disturbance on the nearby Blackwater Estuary Special Protection Area and Ramsar sites through a financial contribution towards the Essex Coast Recreational disturbance Avoidance and Mitigation Strategy
  • Whether there are other material considerations which tell against or support the proposals
  • Whether any adverse impacts arising from the above would significantly and demonstrably outweigh the benefits of the development, when assessed against the policies in the National Planning Policy Framework taken as a whole, having particular regard to key policies for directing development to sustainable locations, making effective use of land, securing well-designed places and providing affordable homes, individually or in combination

What decided it

The Council's inability to demonstrate a 5-year housing land supply engaged the tilted balance, and the substantial housing and affordable housing benefits were found to demonstrably outweigh the limited and less-than-substantial harms identified.

The substantial combination of public benefits, particularly market and affordable housing delivery, demonstrably outweighed the less than substantial (lower end) harm to the setting of the listed Lofts Farm buildings and other limited harms, so the adverse impacts did not significantly and demonstrably outweigh the benefits under the tilted balance.

Framework references: 11, 78, 109, 129, 187, 188

Plan policies cited: Policy S1, Policy S2, Policy S4, Policy S8, Policy H1, Policy H2, Policy H4, Policy N1, Policy N2, Policy N3, Policy I1, Policy T1, Policy T2, Policy D1, Policy D2

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.