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Planning appeal decision

Notice varied and upheld16 June 20233278305

Land to the Rear of 43 Colne Road, Coggeshall, Essex, CO6 1TD

Planning appeal 3278305 at Land to the Rear of 43 Colne Road, Coggeshall, Essex, CO6 1TD (Braintree District Council) was allowed in part (a split decision) on 16 June 2023 by Inspector Higenbottam H, following an inquiry. The main issue, as the Inspector framed it: Appeal A (ground (a)): the main issue is the effect of the outbuilding on the character and appearance of the surrounding area.

Without planning permission: 1. The erection of an outbuilding in the approximate position marked with an ‘A’ on the attached plan 2. The execution of works to form a vehicular access in the deceleration lane of a classified road, namely the A120, onto land to the rear of 43 Colne Road Coggeshall, in the approximate position marked with a ‘B’ on the attached plan consisting of the removal of a section of hedge, the laying of hardstanding and the erection of a metal gate

Authority
Braintree District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Householder developments
Inspector
Higenbottam H
Postcode
CO6 1TD

Main issues, as the Inspector framed them

  • Appeal A (ground (a)): the main issue is the effect of the outbuilding on the character and appearance of the surrounding area.
  • Appeal B: the main issue is whether the Council's refusal to grant a LDC of existing use or development was well founded.
  • Appeal C: the main issue is whether the Council's refusal to grant a LDC for a proposed use or development was well founded.

What decided it

The demonstrable fallback position of a very similar building being constructable under permitted development rights (as confirmed by the Appeal C certificate) meant the unauthorised outbuilding caused no additional material harm, leading to permission being granted despite conflict with the development plan.

the harm to the development plan and to the character and appearance of the area from the existing outbuilding was outweighed by the material consideration of the demonstrable fallback position, which would result in a very similar building and level of harm

What the Inspector cited

Development plan policies
RLP 17RLP 90SP7LPP36LPP52CNP Policy 14CNP Policy 6

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.

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The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.