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Allowed5 June 20253357187

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

Planning appeal 3357187 at Land Adjacent 86 Tollesbury Road, Tolleshunt D'Arcy, Essex, CM9 8UB (Maldon District Council) was allowed on 5 June 2025 by Inspector Warder S, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CM9 8UB

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.

What the Inspector cited

Development plan policies
Policy S1Policy D1Policy D3Policy H4Policy N1Policy N2Policy H2
National Planning Policy Framework
Paragraph 11Paragraph 57Paragraph 58Paragraph 61Paragraph 212Paragraph 215
Judgments
Shimizu case

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 applied

The decision letter

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The authority’s record since 2016 · every decision in 2025

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.