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Quashed On Legal Grounds18 November 20253369058

Land at Lyndale, Hovefields Drive, Wickford, Essex, SS12 9JD

Planning appeal 3369058 at Land at Lyndale, Hovefields Drive, Wickford, Essex, SS12 9JD (Basildon District Council) was decided (quashed on legal grounds) on 18 November 2025 by Inspector Lewis D, following a hearing. The main issue, as the Inspector framed it: the effects of the mixed use development on the Green Belt and whether the material change of use is inappropriate development.

Without planning permission, the material change in use of the Land to a mixed use comprising residential use, leisure use independent of the host dwelling, and use for the storage of caravans, motor vehicles, building materials and a shipping container

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Lewis D
Postcode
SS12 9JD

Main issues, as the Inspector framed them

  • the effects of the mixed use development on the Green Belt and whether the material change of use is inappropriate development
  • the effects of the mixed use development on the character and appearance of the site and surrounding area, the amenity of neighbouring occupiers and on the Essex Coast Protected European Sites
  • the effects of the mixed use development on the provision of homes in the Borough
  • the effects of the development (building and lampposts) on the Green Belt and whether inappropriate development has taken place
  • the effects of the development on the character and appearance of the site and surrounding area
  • the effects of the development on the amenity of neighbouring occupiers

What decided it

Whether each element of the unauthorised development amounted to inappropriate development in the Green Belt and, where it did, whether that harm together with other harm was clearly outweighed by other considerations or very special circumstances.

For the mixed use (Appeal B) the substantial Green Belt harm together with significant harm to character, neighbours' amenity and living conditions and intentional unauthorised development was not clearly outweighed by the modest housing benefit, so the appeal failed; for Appeal C the benefits of a redesigned building overcame the minor Green Belt and design harm and permission was granted, but the lampposts' substantial Green Belt and amenity harm was not outweighed by any consideration and permission was refused.

What the Inspector cited

Development plan policies
Policy BAS BE12Policy BAS GB1
National Planning Policy Framework
Paragraph 154Paragraph 155Paragraph 143Paragraph 110Paragraph 115
Judgments
Mole Valley District Council v Secretary of State for Housing, Communities and Local Government and Margaret Meloney [2025] EWHC 2127 (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.

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The decision letter

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More decisions in Basildon Borough Council

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

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  3. decided3 September 20266006749
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  4. Dismissed2 September 20266011137
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  5. Split Decision16 July 20263353645
    Land West of Elizabeth Villa, Katherine Road, Bowers Gifford, Essex, SS13 2JX

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.

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