Land Adjacent 86 Tollesbury Road, Tolleshunt D'Arcy, Essex, CM9 8UB

the erection of 5 dwellings and associated access road, parking and landscaping

Authority: Maldon District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Warder S

Main issues, as the Inspector framed them

the effect of the proposal on the character and appearance of the site, the Tolleshunt D'Arcy Conservation Area (CA) and the settings of the Grade II listed buildings (LBs) at D'Arcy House and D'Arcy Cottage
whether sufficient information has been submitted to properly assess the effect of the proposal on European Protected Species (bats)
the effect of the proposal on the living conditions of the occupiers of 86 Tollesbury Road with particular regard to privacy
the effect of the proposal on Essex Coast European designated sites

What decided it

The considerable shortfall in the Council's five-year housing land supply (2.7 years) engaged the tilted balance under Framework paragraph 11(d), and the public benefits of housing delivery and the community woodland outweighed the limited less-than-substantial harm to heritage assets.

The significant weight in favour of housing delivery and modest economic and social benefits from the community woodland outweighed the limited less-than-substantial harm to the conservation area and the setting of D'Arcy House, with the tilted balance applied due to the shortfall in five-year housing land supply.

Framework references: 11, 57, 58, 61, 212, 215

Plan policies cited: Policy S1, Policy D1, Policy D3, Policy H4, Policy N1, Policy N2, Policy H2

Judgments cited: Shimizu case

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.