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Planning appeal decision

Dismissed1 September 20253357445

Land South of Archers Field Close, Burnt Mills Industrial Estate, Basildon, Essex, SS13 1DN

an Energy Recovery Facility, ancillary office block and associated infrastructure

Authority
Essex County Council
Appeal type
minor · Planning Appeal
Procedure
Inquiry
Development
minerals-waste · Minor general industry/storage/warehousing
Inspector
Lewis D

Main issues, as the Inspector framed them

  • The effect of the development and more specifically the two 50m chimney stacks on the visual amenity of the surrounding residential environment and the townscape of the area.
  • Whether the proposed development is an acceptable use of land at Burnt Mills Industrial Estate, considering the environmental impacts on public health and well-being and the perception of harm by the local community.
  • The effect of the development on sustainable waste management facilities in the County, in the context of local and national policy objectives.

What decided it

The substantial and permanent visual harm caused by the two 50m chimney stacks to nearby residential areas outweighed the benefits of the scheme.

The substantial and permanent visual harm from the stacks, reinforced by moderate adverse weight from public perception of harm, outweighed the significant but uncertain benefits of sustainable waste management, energy generation, co-location and economic activity, tipping the balance against the proposal.

Framework references: 135, 139, 201, 212, 168, 85

Plan policies cited: Policy 4, Policy 10, Policy 11, Policy 12, Policy 1, Policy 3, Policy BAS E6, Policy BAS E7, Policy BAS E10, Policy BAS C1

Judgments cited: Smith v First Secretary of State [2005] EWCA Civ 859; West Midlands Probation Committee v SSE and Walsall MBC [1997] JPL 323

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.