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Planning appeal decision

Dismissed1 December 20213277218

Land adjacent to Brickhouse, Wicken Road, Wicken Bonhunt, CB11 3UG

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

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.

Framework references: 202

Plan policies cited: Policy S7, Policy GEN2, Policy ENV2

Judgments cited: Barnwell Manor Wind Energy Limited v East Northamptonshire District Council [2014] EWCA Civ 137

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.