- Decision
- allowed, 25 September 2026
- Decided by
- Planning Inspector: S F Barnes
- Authority
- Southend-on-Sea (East of England)
- Appeal reference
- 6007335
- Application reference
- 25/00963/FUL
- Procedure
- written representations
- Development
- Retrospective rebuild of commercial units (light industrial, Class E(g)(iii)) on PDL replacing an open-sided storage structure
- Site context
- green belt, PDL, listed building setting
- Green Belt
- Yes (grey belt not argued)
- Framework applied
- August 2026 NPPF
- Determinative policies
- GB7(1)(e)
- Development plan policies
- Southend Core Strategy 2007 KP1
- Main issues
- inappropriate development in the Green Belt
Summary
A retrospective rebuild of a commercial unit on previously developed Green Belt land near Southend was allowed. The new building is taller and larger than the open-sided structure it replaced and needs formal parking, so it causes moderate harm to openness. But it is well screened, and the harm falls short of the "substantial harm" threshold in GB7(1)(e). The local Green Belt policy, which does not allow for PDL reuse, carried very limited weight.
Issues and findings
- Transition. "The main parties have had the opportunity to comment upon the revised Framework" (DL ¶2).
- GB7(1)(e): PASS. "Although the proposal would have a moderate harmful effect on openness of the Green Belt overall, this would not meet the threshold of substantial harm to openness set out in Framework policy GB7 paragraph 1(e)" (DL ¶8).
- Plan weight. KP1 "does not however contemplate the re-use of PDL. It is therefore inconsistent with the Framework's national decision making policies as they apply to this appeal" (DL ¶9). The letter cites "Framework Annex A, Paragraph 1" for the weight; the weight rule is Annex A ¶2 (Transitional(2)).
- Listed building setting: preserved (DL ¶12).
- Accessibility. "there is no compelling evidence before me to suggest that the development would generate a significant amount of movement relative to its rural fringe context" (DL ¶13).
Planning balance
None expressly. Once the scheme was found not inappropriate (DL ¶10), with no heritage or highways harm, the appeal was allowed. S5(5) is not mentioned.
What made the difference
Screening. Spatial openness harm from a bigger building and parking was real but moderate, and the visual effect was confined by dense boundary vegetation. A more open site, or a building visible from the right of way, could have tipped the harm to substantial.
Transferable points
- Moderate spatial openness harm from a larger replacement building on PDL, with limited visual effect, falls below GB7(1)(e)'s "substantial harm" threshold (DL ¶7–8).
- A local Green Belt policy that does not provide for PDL redevelopment is inconsistent with GB7 and its conflict carries very limited weight (DL ¶9).
- For a small commercial unit, TR3-type accessibility is judged against whether the use generates significant movement in its context (DL ¶13).
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| GB7(1)(e) | pass | PDL; building taller, longer ridge and at the boundary, plus formal parking = moderate openness harm, but localised and limited visually; not "substantial harm" (DL 6-8, 10) | |
| GB6 | not-engaged | not inappropriate (DL 10) | |
| Transitional(2) | conflict | very-limited | KP1 does not contemplate PDL reuse, so inconsistent with GB7; conflict given very limited weight; letter cites "Annex A, Paragraph 1" (DL 9) |
| HE6 | neutral | setting of Grade II Lawn Cottage preserved; building far away and not seen with it (s66(1)) (DL 11-12) | |
| TR3 | pass | mapped - accessibility questioned; no highways objection and no evidence of "a significant amount of movement relative to its rural fringe context" (TR3(1)(a) wording, TR3 not named) (DL 13) |
Key facts
- Building already erected; appeal assessed on the submitted plans (DL 3)
- Site at end of a long track, hardstanding, screened by dense vegetation from surrounding fields and PRoW; small roof section visible through one gap (DL 5, 8)
- Previous open-sided single-storey storage structure set further into the site (DL 5, 7)
- Conditions limit use to E(g)(iii), hours 0700-1900 Mon-Sat, and require 10% on-site renewables, 2 parking spaces (1 EV), cycle and refuse storage, retrofitted within set periods; no cessation sanction (DL 15-17)
- No S5(5) balance expressly run after the GB7(1)(e) pass
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.