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Planning appeal decision

Split Decision26 August 20213256768

Mantells , Foxes Lane, Eight Ash Green, CO6 3PS

erection of a linked outbuilding (garden room)

Authority
Colchester Borough Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Thompson P

Main issues, as the Inspector framed them

  • Whether the proposals would preserve a Grade II listed building, known as 'Mantells Farmhouse', and any of the features of special architectural or historic interest that it possesses, including its setting

What decided it

Appeal Scheme 2's form, scale and appearance represented an appropriate design response that would preserve the special historic interest of the listed building and its setting, whereas Appeal Scheme 1's pyramidal roof, squat appearance and projection beyond the gable would cause less than substantial harm that public benefits could not justify.

For Appeal Scheme 1: the less than substantial harm to the significance of the designated heritage asset, to which great weight must be given, was not outweighed by the public benefits identified (better revelation of setting, improved living environment as private benefit, and limited environmental/social/economic benefits); for Appeal Scheme 2: no harmful balance was required as the proposal would preserve the special historic interest.

Framework references: 197, 199, 200, 202, 130

Plan policies cited: Policy ENV1, Policy UR2, Policy DP1, Policy DP13, Policy DP14

Judgments cited: South Lakeland DC v the Secretary of State for the Environment [1992]

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.