Land Rear of 60 Church Road, Benfleet, SS7 4BP

Main issues, as the Inspector framed them

• The effect of the proposed development on the Benfleet and Southend Marshes SPA, Blackwater Estuary SPA and Essex Estuaries SAC
• Whether the proposal meets the definition of a self-build dwelling and the relevant exemption to the BNG objective
• The effect on the character and appearance of the area
• Whether future occupants of the development would be provided with satisfactory living conditions with particular regard to the outlook from the bedroom and outdoor amenity space
• Whether the size of the car parking space is adequate and the effect of car parking on nearby roads

What decided it

The failure to secure mitigation for significant adverse effects on the integrity of protected habitats sites through a legally binding planning obligation, which is a determinative matter requiring refusal under Regulation 63(5) of the Habitats Regulations.

The cumulative benefits of housing delivery and efficient use of land did not outweigh the substantial weight attached to harm to habitats sites, failure to meet the mandatory BNG objective, and low-level harm to character and appearance; the habitats sites harm provided a clear refusal reason displacing the presumption in favour of sustainable development.