®Planning appeal decision
3 Hooley Drive, Rayleigh, Essex, SS6 9RA
a replacement dwelling and garage
- Authority
- Rochford District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Grierson E
Main issues, as the Inspector framed them
- whether the proposed development would be inappropriate development in the Green Belt having regard to the revised National Planning Policy Framework and relevant development plan policies
- the effect on the openness of the Green Belt
- whether the proposed development would harm the existing trees on the appeal site
- would the harm by reason of inappropriateness and any other harm, be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal
What decided it
The proposed development would be inappropriate development in the Green Belt as it would exceed the 25% floorspace increase threshold in Policy DM21, and the other considerations do not clearly outweigh this harm to justify very special circumstances.
The benefits of providing a modern, energy-efficient dwelling and improved living conditions between neighbours, afforded moderate weight, did not clearly outweigh the substantial harm to the Green Belt by reason of inappropriateness; the presumption in favour of sustainable development was displaced by the strong reason for refusal provided by Green Belt policies.
Framework references: 154, 153, 11
Plan policies cited: Policy DM21, Policy DM25
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314
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.