®Planning appeal decision
Land Adjacent 37 Sawyers Road, Tolleshunt Major, Maldon, CM9 8JW
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
- 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.
Framework references: 57, 11
Plan policies cited: Policy S1, Policy S8, Policy D1, Policy T2, Policy T8, Policy D2, Policy N2
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.