A proposal to build 175 homes on the outskirts of Clacton is to be re-examined by a Planning Inspector.
Ray Chapman applied for planning permission from Tendring District Council (TDC) for the development off Centenary Way, but the Council turned the application down in June 2016.
The case was then appealed and went before a Planning Inspector, who in September 2017 backed the developer and gave permission for the scheme.
A legal challenge was then launched by TDC in the High Court, and the Secretary of State decided not to defend their position – meaning in November 2017 the appeal decision was set aside.
The ruling means a second hearing into the appeal will now be heard by a Planning Inspector.
Councillor John White, Chairman of TDC’s Planning Committee, said he was glad the matter would be heard again.
“Tendring District Council believes this development, as proposed, would be harmful to the Green Gap which distinguishes Clacton from Little Clacton. This is why this application, and others similar to it, have consistently been refused,” he said.
“While recognising that a new Planning Inspector may reach the same conclusion as their predecessor – and approve the scheme – we hope this time around the ruling will come in our favour as the Inspector sees just what damage this development could have on our town.
“TDC is not against new housing, recognising the importance of homes as our District grows. But housing must be done in the right way, and in the right places, and that is why our emerging Local Plan – which maintains this Green Gap – is so important as a blueprint for development in Tendring.”
Any original comments made on the case will be included, but people have until May 22 to modify their views or send additional comments if appropriate – using appeal reference APP/P1560/W/16/3164169.
Comments should be made via the Planning Portal at https://acp.planninginspectorate.gov.uk or by emailing TeamP1@pins.gsi.gov.uk or, if you do not have internet access, you can send three copies to: The Planning Inspectorate, Room 3/09 Kite Wing, Temple Quay House, 2 The Square, Bristol, BS1 6PN.