Milan Villa, Hyde Wood Lane, Canewdon (replacement dwelling)

appeal 6008122·Rochford·1 October 2026dismissed
Decision
dismissed, 1 October 2026
Decided by
Planning Inspector: S F Barnes
Authority
Rochford (East of England)
Appeal reference
6008122
Application reference
24/00600/FUL
Procedure
written representations
Development
Demolition of the existing house and garages and construction of a four-bedroom Georgian-style house with workshop and garage
Homes
1
Site context
green belt, PDL, rural lane
Green Belt
Yes (grey belt not argued)
Framework applied
August 2026 NPPF
Determinative policies
BNG (Sch 7A TCPA), DM6, N2(1)(a), S5(5)
Development plan policies
Rochford Development Management Plan 2014 DM21
Main issues
biodiversity net gain; inappropriate development

Summary

A replacement house in the Green Belt at Canewdon was dismissed on biodiversity net gain (BNG) alone. The inspector found the scheme not inappropriate under GB7(1)(e) and cut the conflicting local replacement-dwelling policy to very limited weight. But the self-build exemption from BNG could not lawfully be secured by the occupancy condition both parties had agreed, and with no baseline evidence the statutory requirement was not met. That harm substantially outweighed the limited benefits in the S5(5) balance.

Issues and findings

Planning balance

S5(5): "As the site lies outside a settlement, Framework policy S5(5) is engaged" (DL ¶21). Benefits each limited: an open-market replacement dwelling with no evidence of need, private design preferences, and short-term construction activity (DL ¶22). Against: the N2(1)(a) conflict, significant weight. "The benefits of the proposal would be substantially outweighed by its adverse effects when assessed against the Framework's national decision-making policies" (DL ¶23). The appeal failed on material considerations despite no conflict with the plan as a whole (DL ¶24).

What made the difference

The absence of a baseline biodiversity assessment, combined with reliance on a self-build exemption that could only be secured by a personal occupancy condition. A planning obligation securing self-build, or a metric showing how 10% would be delivered, would have left nothing against the scheme.

Transferable points

Policy findings

Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.

PolicyFindingWeightNote
BNG (Sch 7A TCPA)failself-build exemption relied on, with no baseline biodiversity evidence; the condition offered to secure self-build fails the DM6 tests, so the exemption is not secured and compliance cannot be assessed (DL 3, 7-10)
DM6failcondition requiring first occupation for 3 years by the person who commissioned the design depends on a particular occupier; contrary to PPG that permission runs with the land; fails reasonableness and enforceability (DL 6, 8-9)
N2(1)(a)conflictsignificantnot shown that the proposal would conserve or enhance biodiversity (DL 23)
GB7(1)(e)passredevelopment of PDL; bulkier at first-floor and roof level but negligible change in footprint and an enclosed site, so harm to openness falls short of substantial; a replacement dwelling may be tested under (e) as well as (b) (DL 15-16)
GB7(1)(b)not-engagedCouncil said the proposal fell outside (b); the appellant relied on (e) instead; no finding made on (b) (DL 15)
Transitional(2)conflictvery-limitedLP DM21 limits bulk and massing of replacement dwellings and does not contemplate the PDL exception, so it is materially inconsistent with GB7 as it applies here (DL 13, 17)
S5(5)failnot inappropriate, but benefits substantially outweighed by the BNG and N2 conflict (DL 21, 23)
HO7benefitlimitedreplacement of a single dwelling with no detailed evidence of need; substantial weight would "ordinarily" apply (DL 22)

Key facts

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.