Land Adjacent To Fairacres , 76 Church Lane , Braintree , Essex, CM7 5SD

Planning appeal 3278254 at Land Adjacent To Fairacres , 76 Church Lane , Braintree , Essex, CM7 5SD (Braintree District Council) was allowed on 9 May 2022 by Inspector Felgate J, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development on the character and appearance of the area.

the erection of 14 residential dwelling houses

Authority: Braintree District Council
Appeal type: major · Planning Appeal
Procedure: Written Representations
Development: residential · Major dwellings
Inspector: Felgate J
Postcode: CM7 5SD

Main issues, as the Inspector framed them

the effects of the proposed development on the character and appearance of the area
the effects on highway safety

What decided it

The District's inability to demonstrate a 5-year housing land supply engages the tilted balance under NPPF paragraph 11(d), and the substantial housing benefits significantly exceed the minor adverse effects, which are capable of mitigation.

The conflict with out-of-date settlement boundary policies RLP2 and CS5 is outweighed by the substantial public benefit of 14 new dwellings (including 4 affordable units) and moderate economic benefits, against minor adverse effects on character and appearance (offset by design quality and new planting) and highway safety (capable of mitigation by condition).

What the Inspector cited

Development plan policies: Policy RLP2Policy CS5Policy RLP80Policy CS8Policy RLP9Policy RLP10Policy RLP90Policy SP1Policy SP6
National Planning Policy Framework: Paragraph 11Paragraph 56

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 applied

The decision letter

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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.