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Planning appeal decision

Dismissed27 August 20213263440

Land to the North of Rosemary Lane, Bran End, Essex, CM6 3RX

Planning appeal 3263440 at Land to the North of Rosemary Lane, Bran End, Essex, CM6 3RX (Uttlesford District Council) was dismissed on 27 August 2021 by Inspector Thompson P, following a hearing. The main issue, as the Inspector framed it: whether the proposal is consistent with policies relating to housing in rural areas, with regard to the protection of the countryside.

up to 60 (maximum) residential dwellings

Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Thompson P
Postcode
CM6 3RX

Main issues, as the Inspector framed them

  • whether the proposal is consistent with policies relating to housing in rural areas, with regard to the protection of the countryside
  • whether the proposed development makes provision for safe and suitable pedestrian access
  • in light of the proposed pedestrian and other access arrangements, whether the proposal would be accessible to services and facilities
  • the effect of the proposed development on the protected species and habitat of the Hatfield Forest Sites of Special Scientific Interest (SSSI) and National Nature Reserve (NNR) and the Priority Deciduous Woodland and Bran End Wood Local Wildlife Site
  • the effect of the proposed development on the setting of the Grade II listed buildings known as Apple Tree Cottage, Cranford, Stone Cottage and The Green Man

What decided it

The cumulative harm to the countryside, pedestrian and general accessibility, and to the setting of three Grade II listed buildings was found to significantly and comfortably outweigh the proposal's benefits, leading to conflict with the development plan as a whole.

The adverse impacts of the proposal, relating to countryside character, pedestrian and general accessibility, and heritage harm, were found to be matters of significant weight that comfortably outweighed the claimed benefits, including housing land supply boost, affordable housing and economic benefits.

What the Inspector cited

Development plan policies
Policy S7Policy GEN1Policy GEN2Policy GEN7Policy ENV7Policy ENV2Policy H1
National Planning Policy Framework
Paragraph 48Paragraph 79Paragraph 104Paragraph 105Paragraph 110Paragraph 112Paragraph 130Paragraph 174Paragraph 180Paragraph 197Paragraph 199Paragraph 202
Judgments
Bernard Wheatcroft Ltd v SSE

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 authority’s record since 2016 · every decision in 2021

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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.