®Planning appeal decision
Land off Brain Valley Avenue, Black Notley
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
Framework references: 8, 11, 20, 170, 174
Plan policies cited: Policy CS 5, Policy CS 7, Policy CS 8, BDLPR RLP 2, BDLPR RLP 80, BDLPR RLP 86, BDLPR RLP 90, BDLPR RLP 138, Policy SP1, Policy SP 3
Judgments cited: 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)
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.