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Planning appeal decision

Dismissed2 August 20213252823

F Byford & Son, 90-92 Newland Street, Witham, CM8 1AS

Planning appeal 3252823 at F Byford & Son, 90-92 Newland Street, Witham, CM8 1AS (Braintree District Council) was dismissed on 2 August 2021 by Inspector Seddon M, by written representations. The main issue, as the Inspector framed it: the effect of the proposals on the living conditions of future occupants of the buildings in respect of outlook, ventilation, received daylight and access to adequate amenity space.

alteration and conversion of shop, store, and offices into two shops and eight flats. Demolition of outbuilding and erection of a bungalow to the rear off Lawn Chase

Appeal type
other · Listed Building Consent & Conservation Area Consent Appeal
Procedure
Written Representations
Development
residential · Not Applicable
Inspector
Seddon M
Postcode
CM8 1AS

Main issues, as the Inspector framed them

  • the effect of the proposals on the living conditions of future occupants of the buildings in respect of outlook, ventilation, received daylight and access to adequate amenity space
  • whether the appeal site would have appropriate access on to an adopted highway
  • whether the proposals would preserve the listed buildings of 90-92 Newland Street or their setting or any features of special architectural or historic interest which they possess
  • whether the proposals would preserve or enhance the character or appearance of the Witham Town Centre Newland Street Conservation Area

What decided it

The poor living conditions proposed for future occupants, combined with harm to the setting of the listed buildings and conservation area from the bungalow, outweighed the benefits of additional housing.

The benefits of providing additional residential accommodation and new use for the listed building were outweighed by harm to living conditions of future occupants, potential harm to historic internal features of the listed buildings, and harm to the setting of the listed buildings and conservation area from the bungalow as proposed.

What the Inspector cited

Development plan policies
RLP 90RLP 10RLP 95RLP 97RLP 100RLP 116

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.

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The decision letter

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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.