®Planning appeal decision
Land to the rear of 43 Colne Road, Coggeshall, Essex, CO6 1TD
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
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
Plan policies cited: RLP 17, RLP 90, SP7, LPP36, LPP52, CNP Policy 14, CNP Policy 6
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.