Town Planner Pro
Search appeal decisions

Planning appeal decision

Allowed25 July 20223283544

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.’

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 applied

The 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

27 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Tendring

The authority’s record since 2016 · every decision in 2022

  1. Dismissed29 October 20266011370
    35 Pelham Close, Harwich, CO12 4UR
  2. Allowed3 June 20266004354
    Land to The West of Sladburys Lane, Clacton on Sea, CO15 4BE
  3. Allowed12 December 20253369845
    Admirals Farm, Heckfords Road, Great Bentley, Essex, CO7 8RS
  4. Allowed10 December 20253365138
    Land Rear of 210- 212 St. Osyth Road, Clacton-on-Sea, CO15 3HB
  5. Allowed21 November 20253369516
    Red House High Street, Great Oakley, Harwich, CO12 5AQ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.