Planning appeal decision
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
- Authority
- Uttlesford District Council
- 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 appliedThe decision letter
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More decisions in Uttlesford District Council
The authority’s record since 2016 · every decision in 2021
- Allowed4 September 20266008264Land to the West of The Cottage, Snakes Lane, Ugley Green, CM22 6HW
- Dismissed27 May 20266002753Kings Cottage, Starlings Green Road, Clavering, Essex, CB11 4PP
- Dismissed30 April 20266003747Land West Of 2 Clapton Hall, Clapton Hall Lane, Dunmow, Essex, CM6 1JG
- Allowed19 March 20263370631Land off Bedwell Road, Elsenham, CM22 6JQ
- Dismissed19 December 20253373107Woodlands Grange Green, Tilty, Dunmow, CM6 2EQ
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.
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