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Planning appeal decision

Dismissed23 July 20266007067

58-62 The Street, Little Clacton, Clacton on Sea, CO16 9LG

demolition of No. 58-62 and redevelopment of the site for 9 no. market dwellings

Authority
Tendring
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
CO16 9LG

Main issues, as the Inspector framed them

  • the effect of the proposal on the integrity of protected habitats sites
  • the character and appearance of the area, with particular regard to the site layout
  • the living conditions of future occupiers of proposed plots 8 and 9, with particular regard to privacy

What decided it

The proposal would have an adverse effect on the integrity of the Essex Coast habitats sites, which under Regulation 63(5) of the Habitats Regulations is determinative and requires refusal of permission.

Although the proposal would accord with local policies on character and appearance and living conditions, and would provide 7 net additional homes with significant weight, the adverse effect on the integrity of protected habitats sites and the engagement of paragraph 11d(i) of the Framework as a strong reason for refusal outweighed these benefits.

Framework references: 11, 57, 129, 131, 135, 139, 15

Plan policies cited: Policy SP 2 of the Tendring District Local Plan 2013-2033 and Beyond Section 1, Policy PPL 4 of the Tendring District Local Plan 2013-2033 and Beyond Section 2, Policy SP 7 of LP1, Policy SPL 3 of LP2, Policy LP 4 of LP2

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.