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Dismissed10 March 20223266584

Land to Rear 1 Feering Hill, Feering, Essex, CO5 9NH

Planning appeal 3266584 at Land to Rear 1 Feering Hill, Feering, Essex, CO5 9NH (Braintree District Council) was dismissed on 10 March 2022 by Inspector Tudhope S, by written representations. The main issue, as the Inspector framed it: Whether the proposal would preserve or enhance the significance of nearby Grade II* Listed Buildings (The Sun Inn, Sun Cottage and Feering House) and preserve or enhance the character or appearance of the Kelvedon Conservation Area.

Erection of a raised single-storey two-bedroomed dwellinghouse

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Tudhope S
Postcode
CO5 9NH

Main issues, as the Inspector framed them

  • Whether the proposal would preserve or enhance the significance of nearby Grade II* Listed Buildings (The Sun Inn, Sun Cottage and Feering House) and preserve or enhance the character or appearance of the Kelvedon Conservation Area
  • The effect of the proposal on flood risk

What decided it

The failure to demonstrate that the sequential test for flood risk had been satisfied, combined with the less than substantial but nonetheless significant harm to the setting of designated heritage assets, provided clear reasons for refusal that outweighed the modest benefits of the proposal.

The modest benefits of housing supply, economic benefits and sustainable design principles were insufficient to outweigh the significant weight to be attached to the less than substantial harm to designated heritage assets and the failure to satisfy the sequential test for flood risk

What the Inspector cited

Development plan policies
RLP90RLP100RLP95RLP2CS9CS5CS8SP1LPP55LPP56LPP60LPP78LPP1
National Planning Policy Framework
Paragraph 199Paragraph 202Paragraph 206Paragraph 159Paragraph 161Paragraph 162

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

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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.