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

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

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.

Framework references: 11, 124

Plan policies cited: Policy SP4, Policy SP1, Policy SP8, Policy SP9, Policy SP6, Policy ENV1 (CS), Policy ENV1 (Section 2 Local Plan), Policy DP1, Policy DP23, Policy ENV2, Policy WM22, Policy WM26, Policy WM12, Policy WM1, Policy WM2, Policy SG1, Policy SG2, Policy SS12a, Policy OV2, Policy UR2, Policy H1, Policy DP14, Policy SP7, Policy DM16, Policy DM9, Policy DM15, Policy DP17, Policy DM21

Judgments cited: Nicholson v Secretary of State for the Environment [1998]; St Anselm Development Co Ltd v First Secretary of State [2003]

Read the decision letter on the Inspectorate’s site

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.