A developer has won a second High Court challenge to use land they own in Maldon for a 124 homes.
Mr Justice Harrison has granted Thomas Bates of Harold Wood, an order quashing a Government planning inspector's decision to back Maldon District Council's refusal of planning permission for the development of the chalet site, Hall Road, Heybridge, and the adjoining area known as The Lakes.
In the decision under challenge, the planning inspector had rejected the plans on the basis the site would be "subject to unacceptable risk from tidal flooding" as a result of its situation at the extremity of the Blackwater Estuary, with the Blackwater and Chelmer Canal to the north.
Thomas Bates argued that its plans included flood prevention measures, and that neither Maldon District Council nor the Environment Agency had raised any objections on flooding grounds.
In granting Bates' application the judge said he took the view that the planning inspector had failed to consider the question of sea defences properly.
Published Thursday July 15, 2004
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