Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed19 July 20213259859

Land to the East of Halstead Road, Kirby Cross

Planning appeal 3259859 at Land to the East of Halstead Road, Kirby Cross (Tendring District Council) was dismissed on 19 July 2021 by Inspector Whitehead M, following a hearing. The main issue, as the Inspector framed it: whether the proposal would be on a suitable site for new residential development, having regard to development plan and emerging Local Plan policies.

a residential development of up to 130 dwellings including means of access with all other matters reserved

Authority
Tendring District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Whitehead M
Postcode
CO13 0LP

Main issues, as the Inspector framed them

  • whether the proposal would be on a suitable site for new residential development, having regard to development plan and emerging Local Plan policies
  • its effect on the character and appearance of the surrounding countryside, including the Green Gap
  • its effect on the living conditions of local residents, with particular regard to matters of light pollution
  • its effect on the provision of affordable housing, public open space, highways infrastructure, primary healthcare and education in the area and on a European designated site

What decided it

The substantial harm to the character and appearance of the countryside and the Green Gap outweighed the benefits of the scheme.

the benefits of housing delivery, affordable housing, economic benefits and open space provision were outweighed by the substantial harm to the character and appearance of the countryside and the Green Gap, and the resulting conflict with the development plan as a whole

What the Inspector cited

Development plan policies
Policy SP4Policy SPL1Policy SPL2Policy PPL3Policy PPL6Policy QL1Policy SP3Policy EN1Policy EN2Policy SPL3Policy HG4Policy COM6Policy COM21Policy QL11Policy SP2Policy SP7Policy QL9Policy LP5
National Planning Policy Framework
Paragraph 48Paragraph 124

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 applied

The 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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

36 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Tendring

The authority’s record since 2016 · every decision in 2021

  1. Allowed10 July 20266005527
    106A Holland Road, Clacton on Sea, CO15 6HB
  2. Dismissed8 May 20266003936
    Land Adjacent to 145, Connaught Avenue, Frinton on Sea, Essex, CO13 9AH
  3. Dismissed22 August 20253359500
    Ferndene, Main Road, Great Holland, Frinton On Sea, Essex, CO13 0JN
  4. Allowed17 January 20243313107
    Land South West of Crockleford Grange, Bromley Road, Ardleigh, Essex, CO7 7SE
  5. Dismissed12 September 20233306289
    Boatyard on Land at Lime Street, Brightlingsea, Colchester, Essex , CO7 0BH

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.