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Dismissed21 December 20213278620

Land to the West of the A131, Braintree, CM7 5NU

Planning appeal 3278620 at Land to the West of the A131, Braintree, CM7 5NU (Braintree District Council) was dismissed on 21 December 2021 by Inspector Hendley D, following an inquiry. The main issue, as the Inspector framed it: whether the proposal would be in a suitable location for housing with regard to development plan policy and national planning policy.

an outline planning application (some matters reserved) for the residential development of up to 37 dwellings (including 40% affordable housing), with vehicular access, areas of landscaping and public open space

Authority
Braintree District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Hendley D

Main issues, as the Inspector framed them

  • whether the proposal would be in a suitable location for housing with regard to development plan policy and national planning policy
  • the accessibility to local services
  • the effect on the character and appearance of the area
  • housing land supply matters
  • if harm arises, whether this would be outweighed by the benefits of the proposal

What decided it

The combined harm from the unsuitable location and unacceptable accessibility to local services was found to be very significant and was not outweighed by the housing, affordable housing and other benefits, even under the tilted balance.

The adverse impacts of the proposal (unsuitable location, poor accessibility, limited landscape/visual harm), found to be very significant, were held to significantly and demonstrably outweigh the significant benefits of housing delivery, affordable housing and economic benefits, so the tilted balance did not favour granting permission.

What the Inspector cited

Development plan policies
Policy RLP90Policy LPP55Policy SP3Policy RLP2Policy CS5Policy LPP1Policy RLP53Policy CS7Policy LPP44Policy RLP80Policy CS8Policy LPP71Policy CS2Policy SP4Policy LPP72
National Planning Policy Framework
Paragraph 74Paragraph 105Paragraph 110Paragraph 112Paragraph 174Paragraph 81Paragraph 202Paragraph 57Paragraph 11
Judgments
Canterbury City Council v Secretary of State for Communities and Local Government and another [2019] EWCA Civ 669; Bassetlaw District Council v Secretary of State for Housing [2019] EWHC 556 (Admin); Mordue v Secretary of State for Communities and Local Government and others [2015] EWCA Civ 1243

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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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2021

  1. Dismissed24 August 20266009868
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  2. Dismissed19 June 20266006010
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  3. Dismissed3 December 20253365443
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  4. Dismissed5 September 20253358626
    Land Opposite Dearsley Farm, Kedington Road, Sturmer, Essex, CB9 7XR
  5. Allowed1 August 20253359441
    Land at Cranes Lane, Kelvedon, Essex, CO5 9AX

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.