Appeal 6004464

The appeal is allowed and outline planning permission with all matters reserved except for access is granted for 5no 3 bedroom bungalows with detached garage and access road including turning head off existing drive at [site address] , [site address] , [postcode] , in accordance with the terms of the application, reference 25/00616/OUT, subject to the conditions in the attached schedule.

An application for costs was made by [name] of Jenny Moody Properties Ltd against the Maldon District Council. This is the subject of a separate

The description of development on the decision notice differs from that on the application form. I have no evidence that the change was agreed and so have used that on the form and determined the appeal accordingly.

The application was submitted in outline with all matters reserved except access. The drawings include detail beyond access, which I have treated as illustrative.

The main issue is the effect of the proposed development on the character and appearance of the area.

The appeal site is part of the garden of a detached two-storey 1970s house containing and also bounded by mature trees and hedgerows, adjoining a large settlement to the north and east. Its southwest boundary is with open fields, and its southeast is with [address], a narrow lane with a ditch and fields opposite.

The house is about halfway along the northern edge of the garden and access is via a driveway to the eastern corner, where it meets [site address] a short distance north of its junction with [address]. Whilst this is the edge of the village, there are dispersed groups of houses further along the lane to the south and west.

The proposal would erect five bungalows along a shared drive starting just inside the existing access and running parallel to [address], alongside the retained garden. Whilst layout is a reserved matter, four bungalows are shown indicatively between the drive and road, and one at the end of the drive.

This would develop about half of the garden alongside the lane, resulting in the effective expansion of the village, which would be contiguous with the nearest dispersed group of houses. It would also result in a loss of trees, but those alongside boundaries would remain, together with the hedgerows.

The focus of additional comings-and-goings would be within the existing edge of the village, limiting the effect on the rural character of [address]. Whilst built form would encroach into the countryside and cause some contiguity with houses to the south, the site would remain well contained visually by foliage.

This would mostly limit the visual impact of bungalows to winter, during which it would be experienced within the existing dispersed pattern of development on [address] as a marginal change. Overall, the proposal would cause harm to the character and appearance of the area.

This would be contrary to Policies S8 and D1 of the Approved Maldon District Local Development Plan (2017) (MDLP), which would permit development outside settlement boundaries only if the intrinsic character and beauty of the countryside is not harmed, and local distinctiveness, landscape and townscape are enhanced.

MDLP Policy S1 states that the Council will take a positive approach that reflects the presumption in favour of sustainable development and will apply key principles including the need to deliver sustainable housing growth within the environmental limits of the District and MDLP Policy H4 seeks the effective use of land.

I return to the presumption in favour of sustainable development in the planning balance and conclusion but find no conflict with either of these policies in terms of the effect of the proposal on the character and appearance of the area, not least as denser or multi-storey development would have a greater impact.

The site is within the zones of influence of the Essex Estuaries Special Area of Conservation (SAC), the Dengie Special Protection Area (SPA) and Ramsar site and the Blackwater Estuary Special Protection Area (SPA) and Ramsar site, which residents of the proposal would be likely to visit, increasing recreational pressure.

This would be likely to have a significant effect on the integrity of these sites, so regulation 63(1) of the Conservation of Habitats and Species Regulations 2017 requires me to carry out an Appropriate Assessment of the implications of the plan or project for these sites in view of their conservation objectives.

The Essex Coast Recreational Disturbance Avoidance and [name] (RAMS) identifies measures to mitigate the effects of recreational pressure on these sites in view of their conservation objectives, costs these and calculates proportional financial contributions based on likely impacts.

The Committee Report records that the appropriate financial contribution to the RAMS has been made and I am content that the Council will spend this on the measures identified. On that basis, the proposal would not have an adverse effect on the integrity of these sites in combination with other development.

An oak tree located alongside [address] is the subject of the Maldon District Council Tree Preservation Order 07/25 made on 19 August 2025 and confirmed without modification on 7 January 2026. The survey submitted by the appellant identifies it for retention on the tree protection plan.

The nearest dispersed group of houses to the south contains a building known as The Grange. Both it and a barn located 30 metres to its south, are separately listed in grade II. It is common ground that neither of these nor their settings would be affected by the proposal and I agree with that assessment.

The appellant states that there is a 2.7-year supply of housing land in the district and the Council does not dispute that figure. This is a significant shortfall. In these circumstances footnote 8 of the Framework establishes that the policies which are most important for determining the application are out-of-date.

Consequently, permission should be granted unless the application of policies in the Framework that protect areas or assets of particular importance provides a strong reason for refusing or adverse impacts significantly and demonstrably outweigh benefits, assessed against the policies in the Framework as a whole.

I have found that the proposed development would not have an adverse effect on the integrity of habitat sites or on heritage assets. Thus, the application of policies in the Framework that protect areas or assets of particular importance does not provide a strong reason for refusing.

Paragraph 135 of the Framework requires development to add to the overall quality of the area, be visually attractive and sympathetic to local character. [name] have found harm in respect of the effect of on the character and appearance of the area, this is limited, so that I attach moderate weight to it.

Set against this, five dwellings in a sustainable location would make a modest but nonetheless important contribution to addressing the significant shortfall in housing land and this would be a benefit, to which I attach significant weight. There would also be local economic benefits, through construction employment and increased use of local services, to which I attach moderate weight.

On balance, I conclude that the adverse impacts of granting permission would not significantly and demonstrably outweigh the substantial benefits, when assessed against the policies of the Framework taken as a whole. On this basis, the scheme would benefit from the presumption in favour of sustainable development and permission should be granted.

The appellant agrees to the Council’s suggested conditions, which I have imposed, albeit amending time limit conditions to avoid repetition and the drawings condition to omit a bungalow drawing, which is illustrative, and a tree protection plan, which is the subject of a separate condition, which I have also simplified.

I have omitted requirements for materials, boundary treatments, soft and hard landscape layouts and garages, which are reserved matters, parking details, which are not reserved, and for a [name] and [name] mitigation measures, which would duplicate the deemed biodiversity gain condition and other mitigation conditions.

I have also omitted a requirement to provide free travel vouchers from a condition requiring the provision of [name] as this effectively would require a payment. I have also changed a requirement to have the County Council approve these to the Council as local planning authority.

Whilst a condition requiring the implementation of the access would amend some aspects of the access otherwise approved, I am satisfied these changes would be minor, in the interests of highway safety and not prejudice any interested parties. I have also required the footway to be extended into the site for pedestrian safety.

For the above reasons, whilst the development would conflict with policies of the development plan, material considerations, particularly the Framework, indicate otherwise than to determine in accordance with it. Having had regard to all matters raised, I conclude that the appeal should be allowed.

The development shall be carried out in accordance with plans and particulars relating to the layout, scale, appearance and the landscaping of the site (hereinafter called "the reserved matters"), for which approval shall be obtained from the local planning authority in writing before any development is begun. The development shall be carried out fully in accordance with the details as approved.

Application for the approval of the reserved matters must be made before the expiration of three years from the date of this permission.

The development hereby permitted shall be begun within two years from the date of the final approval of the last reserved matter to be approved.

Subject to conditions 1 and 10, the development hereby permitted shall be carried out in accordance with drawing numbers 1275/06E and 1275/07.

The development shall be single storey only comprising one floor of accommodation.

No development shall commence until details of finished site levels and finished external surface levels, and the finished floor level of the buildings hereby permitted have been submitted to and approved by the local planning authority. The development shall be implemented in accordance with the agreed details.

The trees and hedges identified for retention on drawing number 250241/TPP/01 Rev 1 shall be protected by chestnut paling fencing during construction at a distance equivalent to not less than the spread from the trunk. The protective fencing and ground protection shall be erected before the commencement of any clearing, demolition and building operations and shall be maintained until all equipment, machinery and surplus materials have been removed from the site. No rubbish shall be dumped, no fires lit and no buildings erected, nor shall any change in ground level be made within the fenced protection zones. If within five years from completion of the development a retained tree or hedge is removed, destroyed, dies, or becomes, in the opinion of the local planning authority, seriously damaged or defective, a replacement shall be planted within the site of such species and size and at such time as specified in writing by the local planning authority.

No development shall commence until details of the foundations to be used for the development hereby permitted have been submitted to and agreed in writing by the local planning authority. The development shall be carried out in accordance with the agreed details.

No development shall take place, including any ground works or demolition, until a Construction Management Plan has been submitted to, and approved in writing by, the local planning authority. The approved plan shall be adhered to throughout the construction period. The Plan shall provide for; a) the parking of vehicles of site operatives and visitors, b) loading and unloading of plant and materials, c) storage of plant and materials used in constructing the development, d) wheel and underbody washing facilities.

Prior to first occupation of the development, and notwithstanding the details shown on the approved drawings, the shared vehicular access shall be constructed at right angles to, and to a minimum width of 5.5 metres for the first six metres from, the existing carriageway and shall be provided with an appropriate vehicular crossing of the highway verge and the adjacent footway shall be extended into the site.

Prior to first occupation of the development, each dwelling must be provided with a [name] for sustainable transport, which must first have been submitted to and approved by the local planning authority.

No development shall commence until all mitigation measures and/or works have been carried out in accordance with the details contained in the as [name] (Writtle Forest Consultancy, September 2025) already submitted with the planning application and agreed in principle with the local planning authority. This may include the appointment of an appropriately competent person e.g. an ecological clerk of works to provide on-site ecological expertise during construction. The appointed person shall undertake all activities, and works shall be carried out, in accordance with the approved details.

No development shall commence until a construction environmental management plan (CEMP) has been submitted to and approved in writing by the local planning authority. The CEMP shall include the following: a) Risk assessment of potentially damaging construction activities. b) Identification of biodiversity protection zones. c) Practical measures (both physical measures and sensitive working practices) to avoid or reduce impacts during construction (may be provided as a set of method statements). d) The location and timing of sensitive works to avoid harm to biodiversity features. e) The times during construction when specialist ecologists need to be present on site to oversee works. f) Responsible persons and lines of communication. g) The role and responsibilities on site of an ecological clerk of works or similarly competent person. h) Use of protective fences, exclusion barriers and warning signs. The approved CEMP shall be adhered to and implemented throughout the construction period strictly in accordance with the approved details.

Prior to occupation of the development, a “lighting design strategy for biodiversity” in accordance with Guidance Note 08/23 (Institute of [name]) shall be submitted to and approved in writing by the local planning authority. The strategy shall: a) identify those areas/features on site that are particularly sensitive for bats and that are likely to cause disturbance in or around their breeding sites and resting places or along important routes used to access key areas of their territory, for example, for foraging; and b) show how and where external lighting will be installed so that it can be clearly demonstrated that areas to be lit will not disturb or prevent the above species using their territory or having access to their breeding sites and resting places. All external lighting shall be installed in accordance with the specifications and locations set out in the scheme and maintained thereafter in accordance with the scheme. [SCHEDULE ENDS]