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Dismissed13 April 20223285769

Land at 102 East Road, West Mersea, Colchester, CO5 8SA

Planning appeal 3285769 at Land at 102 East Road, West Mersea, Colchester, CO5 8SA (Colchester Borough Council) was dismissed on 13 April 2022 by Inspector Palmer N, following an inquiry. The main issue, as the Inspector framed it: whether or not the Council can demonstrate a 5 year supply of deliverable housing sites.

residential development of 56 dwellings including landscaping and access from East Road following demolition of existing dwelling

Authority
Colchester Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Palmer N
Postcode
CO5 8SA

Main issues, as the Inspector framed them

  • whether or not the Council can demonstrate a 5 year supply of deliverable housing sites
  • the effect of the development on the character and appearance of the area, including its effect on the setting of a heritage asset, and design and density considerations
  • the effect of the development on highway safety

What decided it

The combined and unresolved harms to landscape character, the setting of the listed building, and highway safety were found to outweigh the housing and other benefits, resulting in conflict with the development plan as a whole.

Significant weight given to the social and economic benefits of housing and limited weight to s106 community benefits were not sufficient to outweigh the great weight given to less than substantial heritage harm together with the other identified harms to character/appearance and highway safety.

What the Inspector cited

Development plan policies
Policy SP4Policy SP1Policy SP8Policy SP9Policy SP6Policy ENV1 (CS)Policy ENV1 (Section 2 Local Plan)Policy DP1Policy DP23Policy ENV2Policy WM22Policy WM26Policy WM12Policy WM1Policy WM2Policy SG1Policy SG2Policy SS12aPolicy OV2Policy UR2Policy H1Policy DP14Policy SP7Policy DM16Policy DM9Policy DM15Policy DP17Policy DM21
National Planning Policy Framework
Paragraph 11Paragraph 124
Judgments
Nicholson v Secretary of State for the Environment [1998]; St Anselm Development Co Ltd v First Secretary of State [2003]

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 authority’s record since 2016 · every decision in 2022

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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.