®Planning appeal decision
Land off Brain Valley Avenue, Black Notley
Planning appeal 3281232 at Land off Brain Valley Avenue, Black Notley (Braintree District Council) was dismissed on 20 January 2022 by Inspector Watson S, following an inquiry. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the countryside.
for outline planning application for the demolition of existing farm outbuildings and the erection of up to 90 dwellings (including 40% affordable housing) with community park and public open space, landscaping and sustainable drainage system (SuDS) and a vehicular access point from Brain Valley Avenue. All matters are reserved except for means of access
- Authority
- Braintree District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Major dwellings
- Inspector
- Watson S
Main issues, as the Inspector framed them
- The effect of the proposed development on the character and appearance of the countryside
- Whether the future occupiers of the proposed dwellings would have adequate access to open space and private amenity space
- Whether the development would be in a suitable location in respect of access to day-to-day services by sustainable travel modes
- Whether the Council can demonstrate a five-year housing land supply
What decided it
The very significant harm to the character and appearance of the countryside and the setting of the settlement outweighed the benefits, particularly given the Council's demonstrable five-year housing land supply.
The substantial benefits of market and affordable housing, together with lesser benefits, did not outweigh the very significant harm to the character and appearance of the countryside, so the balance tipped against the proposal and it conflicted with the development plan as a whole
What the Inspector cited
- Development plan policies
- Policy CS 5Policy CS 7Policy CS 8BDLPR RLP 2BDLPR RLP 80BDLPR RLP 86BDLPR RLP 90BDLPR RLP 138Policy SP1Policy SP 3
- National Planning Policy Framework
- Paragraph 8Paragraph 11Paragraph 20Paragraph 170Paragraph 174
- Judgments
- St Modwen v. Secretary of State for Communities and Local Government [2017] EWCA Civ 1643; Telford and Wrekin v SSCLG and Gladman Developments Ltd [2016] EWHC 3073 (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 appliedThe 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.
With an account
What an account adds to this decision
More decisions in Braintree District Council
The authority’s record since 2016 · every decision in 2022
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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.