®Planning appeal decision
Land at Bardfield Road, Shalford, Essex, CM7 5HX
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
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.
Framework references: 48, 80, 84, 11, 197, 219
Plan policies cited: CS7, RLP 85, LPP 54, LPP 40, RLP 80, RLP 90, CS8, SP7, SP1, RLP 87, LPP 46
Judgments cited: 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)
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.