Rear of The Swan PH, 153 Newland Street, Witham, CM8 1BE

Planning appeal 3280402 at Rear of The Swan PH, 153 Newland Street, Witham, CM8 1BE (Braintree District Council) was dismissed on 24 March 2022 by Inspector Philpott M, by written representations. The main issue, as the Inspector framed it: whether the proposed development is acceptable in respect of flood risk.

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
Postcode: CM8 1BE

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.

What the Inspector cited

Development plan policies: Policy CS8Policy LPP78
National Planning Policy Framework: Paragraph 159Paragraph 162Paragraph 163Paragraph 120Paragraph 168Paragraph 11Paragraph 14

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.

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The decision letter

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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.