®Planning appeal decision
9 Elmer Approach, Southend on Sea, Essex, SS1 1NE
Planning appeal 3351390 at 9 Elmer Approach, Southend on Sea, Essex, SS1 1NE (Southend-on-Sea City Council) was dismissed on 6 May 2025 by Inspector Smith J, by written representations. The main issue, as the Inspector framed it: The effect that varying the condition would have on delivery of the approved development, having regard to the development plan and other material considerations.
change of use of existing offices (Class B1) to 119 self contained flats (Class C3) without complying with a condition attached to prior approval Ref 18/01873/PA3COU dated 4 December 2018
- Authority
- Southend-on-Sea City Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Smith J
- Postcode
- SS1 1NE
Main issues, as the Inspector framed them
- The effect that varying the condition would have on delivery of the approved development, having regard to the development plan and other material considerations
What decided it
The evidence did not demonstrate that the development would accord with the development plan, and the uncertainty about compliance with policies on design quality, space standards, housing mix, and Habitats Regulations Assessment meant that the housing land supply benefit could not be properly weighed against the risks of approving development that might conflict with the plan.
The significant benefit of housing delivery and making effective use of previously developed land in a sustainable location was outweighed by the uncertainty about whether the development would accord with the development plan and the risk of substantial harm arising from conflict with policies on design quality, space standards, housing mix, and town centre vitality, particularly given the prominent position of the building in the city centre and Elmer Square Policy Area
What the Inspector cited
- Development plan policies
- Policy PA3 of the Southend Central Area Action Plan 2018
- National Planning Policy Framework
- Paragraph 11Paragraph 11dParagraph 11diParagraph 11diiParagraph 232
- Judgments
- Pressland v Hammersmith & Fulham LBC [2016] EWHC 1763 (Admin)
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.