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Planning appeal decision

Allowed30 November 20213272403

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

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

Authority
Uttlesford District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Nurser L

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.

Framework references: 11, 48, 174, 130, 112, 79, 57, 179, 105

Plan policies cited: Policy S7, Policy H3, Policy Gen1(e), Policy Gen2, Policy Gen6, Policy ENV5, Policy H9

Judgments cited: Wavendon Properties Ltd v Secretary of State of Housing Communities and Local Government and Milton Keynes Council [2019] EWHC 1524 (Admin) (14/05/2019)

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.