Land to Rear of No.27, 27 Duggers Lane, Braintree, CM7 1BB

Main issues, as the Inspector framed them

• the effect of the proposal on the character and appearance of the area with particular regard to the loss of green space
• whether the proposal provides adequate living conditions for future occupiers of the proposed dwellings with particular regard to privacy
• whether the appeal scheme would comply with local and national planning policy which seeks to steer new development away from areas at the highest risk of flooding
• the effect of the proposed development on highway safety

What decided it

The cumulative weight of significant harm to character and appearance, inadequate living conditions for future occupiers, unresolved flood risk, and highway safety concerns substantially and demonstrably outweighed the modest benefit of two additional housing units, even when assessed under the tilted balance applicable to a shortfall in five-year housing land supply.

The modest social and economic benefits of two additional housing units and efficient use of under-utilised land were substantially and demonstrably outweighed by significant harm to character and appearance, inadequate living conditions for future occupiers, unresolved flood risk, and highway safety concerns, resulting in the proposal failing to constitute sustainable development.