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Planning appeal decision

Dismissed4 April 20233272293

33 Francis Way, Silver End, CM8 3QX

Planning appeal 3272293 at 33 Francis Way, Silver End, CM8 3QX (Braintree District Council) was dismissed on 4 April 2023 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: Appeal A: whether the Council's deemed refusal to grant a lawful development certificate was well-founded.

Demolition of single storey rear extension to rear of single dwellinghouse

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Savage M
Postcode
CM8 3QX

Main issues, as the Inspector framed them

  • Appeal A: whether the Council's deemed refusal to grant a lawful development certificate was well-founded
  • Appeals B and C: the effect of the respective appeal schemes on the character or appearance of the Silver End Conservation Area

What decided it

Appeal A: the demolition constitutes development requiring planning permission as it is not excluded by any Secretary of State Direction and is relevant demolition in a conservation area. Appeal B: planning permission had already been granted for the same demolition and the extension is not visible from the public domain. Appeal C: the window infilling would harm the character and appearance of the conservation area and the privacy benefits do not outweigh this harm.

What the Inspector cited

Development plan policies
Policy LPP1Policy SP7Policy LPP36Policy LPP47Policy LPP52Policy LPP53Policy LPP54Policy SP1
National Planning Policy Framework
Paragraph 199Paragraph 189Paragraph 202

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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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

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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.