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Planning appeal decision

Notice varied and upheld13 February 20233285201

Land at Black Gables, Dunmow Road, Great Bardfield, Essex, CM7 4SD

Planning appeal 3285201 at Land at Black Gables, Dunmow Road, Great Bardfield, Essex, CM7 4SD (Braintree District Council) was allowed in part (a split decision) on 13 February 2023 by Inspector Fleming D, following a hearing. The main issue, as the Inspector framed it: The main issue in respect of both allegations is the effect of the development on the living conditions of neighbouring occupiers, having regard to privacy and outlook.

Erection of two '2-storey' detached dwellinghouses and two 'single-storey' garages, and an engineering operation increasing land levels (enforcement notice appeal)

Authority
Braintree District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Fleming D
Postcode
CM7 4SD

Main issues, as the Inspector framed them

  • The main issue in respect of both allegations is the effect of the development on the living conditions of neighbouring occupiers, having regard to privacy and outlook.

What decided it

The existence of a real, implementable fall-back position (the extant unexpired planning permission for two houses), which would have caused similar overlooking, justified granting permission for the built dwellings despite the found harm to neighbours' privacy; no equivalent fall-back existed for the raised garden levels, so that part of the notice was upheld.

The substantial weight attached to the fall-back position outweighed the conflict with the development plan and justified granting permission for the dwellings (subject to mitigating conditions), whereas absent any fall-back for the engineering operation, the harm to neighbours' privacy and outlook led to refusal of permission for that element.

What the Inspector cited

Development plan policies
LPP1LPP52

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.

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The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Planning permission granted28 February 20253343646
    Land West of Former Oil Depot, Hedingham Road, Gosfield, Essex, CO9 1PN
  4. Notice upheld29 July 20243338938
    4 Tey Grove, Feering, Essex, CO5 9FS
  5. Dismissed21 June 20243331926
    Land North of Halstead Road, Sible Hedingham, Essex, CO9 3AN

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.