®Planning appeal decision
45 Manor Lane, Dovercourt, Harwich, CO12 4EA
Planning appeal 3243900 at 45 Manor Lane, Dovercourt, Harwich, CO12 4EA (Tendring District Council) was allowed on 30 June 2021 by Inspector Jackson P, by written representations. The main issue, as the Inspector framed it: The effect on the setting of Capital Gardens, which is a listed building at Grade II.
a two storey dwelling with a vehicular and pedestrian access from existing private driveway
- Authority
- Tendring District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Jackson P
- Postcode
- CO12 4EA
Main issues, as the Inspector framed them
- The effect on the setting of Capital Gardens, which is a listed building at Grade II
- Whether a contribution towards mitigation measures to avoid a significant effect in terms of recreational disturbance on the Stour and Orwell RAMSAR and Special Protection Area (the SPA) is desirable or necessary
What decided it
The Inspector's finding that the listed building's setting had already been substantially compromised by surrounding development such that the proposed dwelling would not further harm its heritage significance, combined with the Council's inability to demonstrate a five-year housing land supply and the absence of any conflict with development plan or national policy.
The benefits of housing delivery and the absence of further harm to the listed building's setting outweighed any residual concerns, particularly given the Council's housing land supply shortfall and the mitigation secured through the s.106 Unilateral Undertaking for the SPA.
What the Inspector cited
- Development plan policies
- saved policy EN23 of the Tendring District Local Plan 2007emerging policy PPL 9 of the Tendring District Local Plan 2013-2033 and Beyond Publication Draft of 2017saved LP policies EN6 and EN11aeLP policy PPL 4
- National Planning Policy Framework
- Paragraph 11Paragraph 56
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.