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Planning appeal decision

Dismissed27 August 20213263440

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

up to 60 (maximum) residential dwellings

Authority
Uttlesford District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Thompson P

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.

Framework references: 48, 79, 104, 105, 110, 112, 130, 174, 180, 197, 199, 202

Plan policies cited: Policy S7, Policy GEN1, Policy GEN2, Policy GEN7, Policy ENV7, Policy ENV2, Policy H1

Judgments cited: Bernard Wheatcroft Ltd v SSE

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.