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Planning appeal decision

Allowed9 May 20223278254

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

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

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The conflict with out-of-date settlement boundary policies RLP2 and CS5 is outweighed by the substantial public benefit of 14 new dwellings (including 4 affordable units) and moderate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).

Framework references: 11, 56

Plan policies cited: Policy RLP2, Policy CS5, Policy RLP80, Policy CS8, Policy RLP9, Policy RLP10, Policy RLP90, Policy SP1, Policy SP6

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.