®Planning appeal decision
Land to the west of the A131, Braintree, CM7 5NU
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.
Framework references: 74, 105, 110, 112, 174, 81, 202, 57, 11
Plan policies cited: Policy RLP90, Policy LPP55, Policy SP3, Policy RLP2, Policy CS5, Policy LPP1, Policy RLP53, Policy CS7, Policy LPP44, Policy RLP80, Policy CS8, Policy LPP71, Policy CS2, Policy SP4, Policy LPP72
Judgments cited: 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
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.