®Planning appeal decision
Land Adjacent 37 Sawyers Road, Tolleshunt Major, Maldon, CM9 8JW
Planning appeal 6005039 at Land Adjacent 37 Sawyers Road, Tolleshunt Major, Maldon, CM9 8JW (Maldon) was dismissed on 3 June 2026 by Inspector C Walker, by written representations. The main issue, as the Inspector framed it: whether the proposal would meet the definition of a self-build dwelling and therefore the requirements of the BNG exemption.
demolition of existing outbuilding and construction of min. 3 bedroom bungalow with associated parking, amenity and landscaping all matters reserved
- Authority
- Maldon
- Appeal type
- Planning
- Procedure
- Written
- Development
- residential
- Inspector
- C Walker
- Postcode
- CM9 8JW
Main issues, as the Inspector framed them
- whether the proposal would meet the definition of a self-build dwelling and therefore the requirements of the BNG exemption
- the effect of the proposal on the character and appearance of the area
- whether the proposal would be in a suitable location having regard to the Council's spatial strategy and its access to services and facilities
- the effect of the proposal on trees
What decided it
The proposal does not validly qualify as exempt from the mandatory 10% biodiversity net gain requirement and no information was provided demonstrating how this requirement would be met, bringing the scheme into conflict with the statutory framework and the Framework, which weighs heavily against the proposal.
The minor housing supply benefit and economic benefits during construction were outweighed by the significant harm arising from the conflict with the statutory biodiversity net gain requirement, such that the adverse impacts significantly and demonstrably outweighed the benefits.
What the Inspector cited
- Development plan policies
- Policy S1Policy S8Policy D1Policy T2Policy T8Policy D2Policy N2
- National Planning Policy Framework
- Paragraph 57Paragraph 11
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The authority’s record since 2016 · every decision in 2026
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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.