®Planning appeal decision
Rear of The Swan PH, 153 Newland Street, WITHAM, CM8 1BE
demolition of single storey function room and erection of a detached dwelling to provide 1 x 2 bed house
- Authority
- Braintree District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Philpott M
Main issues, as the Inspector framed them
- whether the proposed development is acceptable in respect of flood risk
What decided it
The proposal fails to pass the sequential test required by the Framework and development plan policy, as the appellant has not demonstrated that there are no reasonably available sites appropriate for the development in areas with a lower risk of flooding.
Although material considerations in favour of the proposal exist (housing supply, brownfield use, flood mitigation, reduced neighbour disturbance), these do not outweigh the conflict with the development plan arising from the failure to pass the sequential test.
Framework references: 159, 162, 163, 120, 168, 11, 14
Plan policies cited: Policy CS8, Policy LPP78
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.