Planning appeal decision
Land to the East of Tye Road, Elmstead Market, CO7 7HR
Planning appeal 3283544 at Land to the East of Tye Road, Elmstead Market, CO7 7HR (Tendring District Council) was allowed on 25 July 2022 by Inspector Simpson L, by written representations. The main issue, as the Inspector framed it: Whether the site is a suitable location for the proposed development with particular regard to the Council's strategy for the location of new residential development.
described on the planning application form as ‘Full planning application for residential development of 15 dwellings, land for open space and associated car parking and infrastructure.’
- Authority
- Tendring District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Simpson L
Main issues, as the Inspector framed them
- Whether the site is a suitable location for the proposed development with particular regard to the Council's strategy for the location of new residential development
- The effect of the proposed development on the character and appearance of the area
- Whether the proposed development would provide a suitable standard of accommodation for future occupiers, with particular regard to the amount of internal floorspace proposed
- The effect of the proposed development on Special Protection Areas and Ramsar sites
What decided it
The site's location directly adjacent to the settlement boundary, combined with good access to services and sustainable transport, means the modest scale of development accords with the Council's strategy for locating new housing in rural service centres, and the required mitigation for European Sites can be properly secured.
The social and economic benefits of providing 15 dwellings, including 4 affordable units, and support for local services and facilities weighed in favour of the development, with no material considerations of sufficient weight indicating a decision contrary to the development plan.
What the Inspector cited
- Development plan policies
- TDLP Section 1 Policy SP3TDLP Section 2 Policy SPL2TDLP Section 2 Policy SPL1TDLP Section 2 Policy SPL3TDLP Section 1 Policy SP7TDLP Section 1 Policy SP2TDLP Section 2 Policy PPL4TDLP Section 2 Policy LP5TDLP Section 2 Policy HP5TDLP Section 2 Policy PP12TDLP Section 2 Policy DI1
- National Planning Policy Framework
- Paragraph 130Paragraph 57
- Judgments
- Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]
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
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What an account adds to this decision


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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.
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