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Dismissed8 April 20223284864

Land at Brick Kiln Green, Blackmore End, Braintree, CM7 4DT

Planning appeal 3284864 at Land at Brick Kiln Green, Blackmore End, Braintree, CM7 4DT (Braintree District Council) was dismissed on 8 April 2022 by Inspector Hartley S, by written representations. The main issue, as the Inspector framed it: whether the proposed development is in a suitable location having regard to the development plan.

the creation of 1 no. single storey dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hartley S
Postcode
CM7 4DT

Main issues, as the Inspector framed them

  • whether the proposed development is in a suitable location having regard to the development plan
  • the effect upon the character and appearance of the area

What decided it

The appeal site's very poor accessibility in a remote rural location, at some distance from services and facilities with no realistic alternative to the car, conflicts with development plan policies and cannot be justified by NPPF rural accessibility provisions.

Even if the five-year housing land supply shortfall engaged the tilted balance under paragraph 11d of the NPPF, the benefits would not significantly and demonstrably outweigh the conflicts with the main issues of location suitability and character and appearance harm.

What the Inspector cited

Development plan policies
CS5CS7CS8SP3SP1RLP2
National Planning Policy Framework
Paragraph 105Paragraph 79Paragraph 127Paragraph 174Paragraph 11
Judgments
High Court case No C1/2017/3292

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

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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.

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.