Planning appeal decision
Land Adjacent to Brickhouse, Wicken Road, Wicken Bonhunt, CB11 3UG
Planning appeal 3277218 at Land Adjacent to Brickhouse, Wicken Road, Wicken Bonhunt, CB11 3UG (Uttlesford District Council) was dismissed on 1 December 2021 by Inspector Price J, by written representations. The main issue, as the Inspector framed it: Whether the proposal would be appropriate in relation to development plan policy regarding housing in the countryside.
erection of 3no. dwellings with associated parking and creation of 2no. vehicular accesses
- Authority
- Uttlesford District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Price J
- Postcode
- CB11 3UG
Main issues, as the Inspector framed them
- Whether the proposal would be appropriate in relation to development plan policy regarding housing in the countryside
- Whether the proposal would be appropriate in relation to the settings of the surrounding listed buildings at Brick House, Garden Wall north of Brick House and Clark's Cottage
- Whether the proposal would be appropriate in relation to highway safety
- Whether the proposal would be appropriate in relation to flood risk
What decided it
The heritage harm to the settings of the three listed buildings, when given considerable importance and weight under s.66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990, outweighed the modest public benefits and provided a clear reason not to allow the appeal despite the Council's inability to demonstrate a five-year housing land supply.
The modest social and economic benefits of three dwellings and contribution to housing supply were outweighed by significant harm from conflict with development plan policy on countryside housing and character, and by less than substantial but major-degree heritage harm to the settings of three listed buildings, which was given considerable weight under s.66(1) of the Listed Buildings Act.
What the Inspector cited
- Development plan policies
- Policy S7Policy GEN2Policy ENV2
- National Planning Policy Framework
- Paragraph 202
- Judgments
- Barnwell Manor Wind Energy Limited v East Northamptonshire District Council [2014] EWCA Civ 137
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
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- Dismissed13 October 20266009731Land North of Tile House Bungalow, Stebbing Green, Dumow, CM6 3TE
- Allowed6 October 20266006335Two Sticks, High Easter Road, High Easter, CM1 4PZ
- Dismissed1 October 20266010951Land North of the Bower House, Clatterbury Lane, Clavering, CB11 4QR
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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