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Inspector grants permission for mixed use development, including 492 dwellings, at Market Square, Basildon

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Inspector David Rose has recently allowed an appeal and granted permission for the demolition and redevelopment of existing buildings in Basildon town centre, to provide 492 homes and flexible commercial floorspace with associated parking, servicing and communal amenity areas, in three blocks of up to 17 Storeys. The dwellings are to be provided on a Build to Rent basis and it is hoped that the scheme will play a vital role in the wider regeneration of Basildon town centre. The appeal was opposed by the local planning authority (Basildon Borough Council) on grounds relating to its effect ton the character and appearance of the town centre and the living conditions for future occupants. The inspector dismissed both grounds. Echoing the finding of the Inspector who heard the recent West Ealing decision (APP/A5270/W/21/3268157), in considering the tall buildings proposed he asked whether the site was “worthy of the gesture” and concluded as follows: “I acknowledge that the proposal would result in considerable change which requires special consideration. In this regard, I have found that the proposal would not have a material adverse effect on the townscape function of Brooke House. In addition, the scheme would have a clear role in urban design by providing new landmarks related to patterns of movement and emphasising the importance of the western edge of the town centre. Finally, the design is founded in an understanding of the place which has been incorporated, by interpretation and innovation, into a proposal which would relate well to its context. Overall, I find the criticism levelled at the scheme as ‘any place design’ to be unfounded” The inspector found that: “The deficiency in the quantum of outdoor amenity space, or access to it, would be outweighed by the range of spaces offered, their overall utility, the general principles embodied in their design, and the reservation of details by condition. Moreover, the proposed development would also offer a modest amount of internal communal amenity space, principally at podium level. Whilst its form and related functions would be dependent on the operator’s business model, utilisation of the space in one way or another, as part of the ‘unique offer’ of the development, would be likely to result in some further contribution to residents’ overall amenity”. The Inspector also found that Basildon Town Council could demonstrate a housing land supply of, at best, 2.5 years. Scott Lyness QC and Ben Fullbrook appeared for the successful appellant, Orwell (Basildon) Ltd, instructed by Roy Pinnock and Melanie Blanchard of Dentons. The appeal decision can be found here.

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