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Planning appeal decision

Dismissed8 November 20213271526

Land at Church Lane, Weeley, CO16 9DN

Construction of 1 no. residential dwelling and detached garage with associated access and landscaping works

Authority
Tendring District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Langford-Tejrar K

Main issues, as the Inspector framed them

  • Whether the principle of residential development is acceptable in this location
  • The effect of the development on the character and appearance of the area, including its effect on trees on site which are the subject of a woodland Tree Preservation Order
  • Whether the proposal would provide adequate living conditions for future occupiers of the proposed dwelling

What decided it

The proposal conflicts with the development plan spatial strategy by locating a new dwelling outside settlement boundaries in open countryside, and this conflict is not outweighed by material considerations.

The limited public benefit of a single dwelling towards housing need was outweighed by the adverse effects on character and appearance through loss of protected woodland trees and the poor living conditions resulting from overbearing enclosure by retained trees.

Framework references: 11

Plan policies cited: Policy SP1 of LPT S1, Policy SP3 of LPT S1, Policy SP4 of LPT S1, Policy SP7 of LPT S1, saved policy EN1 of the LP, emerging policy SPL1 of LPT S2, emerging policy SPL3 of LPT S2, emerging policy PPL3 of LPT S2, emerging policy LP1 of LPT S2

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.