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Planning appeal decision

Allowed30 November 20213272403

Land South of Vernons Close, Mill Road, Henham, Essex, CM22 6AF

Planning appeal 3272403 at Land South of Vernons Close, Mill Road, Henham, Essex, CM22 6AF (Uttlesford District Council) was allowed on 30 November 2021 by Inspector Nurser L, following an inquiry. The main issue, as the Inspector framed it: whether the appeal site represents an appropriate location for the development proposed with particular reference to the council's development strategy.

outline permission with all matters reserved except for access for the erection of 45no. dwellings at Mill Road, Henham CM22 6AF

Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Nurser L
Postcode
CM22 6AF

Main issues, as the Inspector framed them

  • whether the appeal site represents an appropriate location for the development proposed with particular reference to the council's development strategy
  • the effect of the proposed development on the character and appearance of the village of Henham and the wider landscape
  • whether the occupants of the proposed development would have appropriate access to facilities within the village and within the wider area without being dependent on the private car
  • whether the proposal would result in an unacceptable loss of the best and most versatile agricultural land
  • whether any development plan conflict and harm arising is outweighed by other material considerations

What decided it

The tilted balance under NPPF paragraph 11d), triggered by the Council's inability to demonstrate a five-year housing land supply, meant the identified harms did not significantly and demonstrably outweigh the substantial housing and biodiversity benefits.

The significant weight given to the benefits of market and affordable housing delivery and biodiversity net gain, together with other lesser benefits, was not significantly and demonstrably outweighed by the moderate harm to character and appearance, the harm from car dependency, and the limited harm from loss of best and most versatile agricultural land, so the balance tipped in favour of granting permission.

What the Inspector cited

Development plan policies
Policy S7Policy H3Policy Gen1(e)Policy Gen2Policy Gen6Policy ENV5Policy H9
National Planning Policy Framework
Paragraph 11Paragraph 48Paragraph 174Paragraph 130Paragraph 112Paragraph 79Paragraph 57Paragraph 179Paragraph 105
Judgments
Wavendon Properties Ltd v Secretary of State of Housing Communities and Local Government and Milton Keynes Council [2019] EWHC 1524 (Admin) (14/05/2019)

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 Uttlesford District Council

The authority’s record since 2016 · every decision in 2021

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  4. Allowed19 March 20263370631
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  5. Dismissed19 December 20253373107
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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.