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Planning appeal decision

Quashed On Legal Grounds18 November 20253369058

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

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

Authority
Basildon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Lewis D

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.

Framework references: 154, 155, 143, 110, 115

Plan policies cited: Policy BAS BE12, Policy BAS GB1

Judgments cited: Mole Valley District Council v Secretary of State for Housing, Communities and Local Government and Margaret Meloney [2025] EWHC 2127 (Admin)

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.