Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed17 June 20223278776

Land at Bardfield Road, Shalford, Essex, CM7 5HX

Planning appeal 3278776 at Land at Bardfield Road, Shalford, Essex, CM7 5HX (Braintree District Council) was dismissed on 17 June 2022 by Inspector Small M, following a hearing. The main issue, as the Inspector framed it: whether the site is an appropriate location for housing including, having regard to national planning policy, whether the site is in an isolated location.

change of use of land for the siting of a temporary dwelling, together with stables, agricultural building & associated hardstanding & turn out/exercise area to support a new equestrian business

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Small M
Postcode
CM7 5HX

Main issues, as the Inspector framed them

  • whether the site is an appropriate location for housing including, having regard to national planning policy, whether the site is in an isolated location
  • whether there is a need for a rural worker to live permanently on the site, with regard to the nature of the proposed facility
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on the appearance and use of Hulls Lane, including safety

What decided it

The proposal's conflict with the development plan—arising from its isolated location, unproven essential need for a rural worker's dwelling, and harm to character, appearance and the Protected Lane—was not outweighed by other material considerations.

The conflict with the development plan (isolated location, unjustified need, harm to character/appearance and to Hulls Lane) was given significant weight and was not outweighed by the support for the facility or its limited economic benefits, so the appeal was dismissed in accordance with the development plan.

What the Inspector cited

Development plan policies
CS7RLP 85LPP 54LPP 40RLP 80RLP 90CS8SP7SP1RLP 87LPP 46
National Planning Policy Framework
Paragraph 48Paragraph 80Paragraph 84Paragraph 11Paragraph 197Paragraph 219
Judgments
Braintree District Council v SSCLG & Ors [2017] EWHC 2743 (Admin); City and Country Bramshill Ltd v SSHCLG, Hart DC and Historic England [2019] EWHC 3237 (Admin)

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

7 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2022

  1. Dismissed28 October 20266008511
    Rose Cottage Church Road, Terling, CM3 2PH
  2. Dismissed20 October 20266008541
    61 Aparthotel At Kings Road, Halstead, CO9 1HA
  3. Dismissed12 October 20266014774
    Land South of Pen-Lan, Bures, CO8 5DL
  4. Dismissed12 October 20266012749
    9 Kemsley Road, Earls Colne, CO6 2NU
  5. Dismissed9 October 20266006918
    Wards Farm, Gladfen Hall Road, Greenstead Green, CO9 1RN

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.