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Planning appeal decision

Dismissed5 February 20266001732

Barn at Stokes Hall, Burnham Road, Althorne, Essex, CM3 6DS

conversion of the barn to one residential dwelling (Use Class C3), new access road, associated parking, landscaping and servicing

Authority
Maldon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Dade E

Main issues, as the Inspector framed them

  • Whether the proposed development would be in a suitable location, having regard to the local development strategy
  • The effect of the proposed development on living conditions, with particular regard to privacy
  • The effect of the proposed development on the character and appearance of the area
  • The effect of the proposed development on protected species
  • The effect of the proposed development on European sites
  • Whether other considerations outweigh any harm identified such as to justify the development

What decided it

The proposal's location outside any settlement boundary, requiring dependence on private vehicles for access to services and facilities, combined with significant overlooking harm to neighbouring living conditions, would significantly and demonstrably outweigh the benefits of housing delivery and efficient use of land under the tilted balance.

The adverse impacts from the unsustainable location conflicting with Framework paragraph 115 and the significant harm to living conditions from overlooking were afforded significant weight against the proposal; these significantly and demonstrably outweighed the moderate positive weight given to the provision of one dwelling, efficient use of land, and environmental benefits including biodiversity net gain, such that the presumption in favour of sustainable development did not apply.

Framework references: 11, 61, 84, 110, 115, 129, 135, 187

Plan policies cited: Policy S8, Policy S1, Policy T2, Policy D1, Policy D2, Policy T1, Policy N2, Policy N1

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.