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Planning appeal decision

Dismissed30 November 20223286262

Land to the North of Western Road, Silver End, Essex, CM8 3SE

erection of 126 homes with associated access, open space and infrastructure (following outline planning permission 15/00280/OUT and as a variation of reserved matters approval 18/01751/REM

Authority
Braintree District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
Sturgess M

Main issues, as the Inspector framed them

  • whether the character and appearance of the proposal is acceptable both in itself and in relation to the local area
  • whether the proposal would provide acceptable living conditions for the residents of the scheme
  • whether the housing mix proposed within the scheme is acceptable having regard to the local housing need
  • whether the proposed planning obligation complies with the requirements set out at paragraph 57 of the National Planning Policy Framework and Regulation 122 of the Community Infrastructure Levy Regulations 2010 and addresses the requirements of the Council

What decided it

The substantial harm to character and appearance through excessive car-dominated parking, reduced tree planting and loss of architectural detailing, combined with substantial harm to living conditions through inadequate garden space, non-compliance with space standards, privacy loss and noise disturbance, could not be outweighed by material considerations.

The substantial harms to character and appearance and living conditions, which conflict with the development plan, were not outweighed by the limited benefits of the proposal (more central open space location, additional tree planting along the main spine road, and a housing mix closer to the SHMA in some respects), as the permitted scheme is capable of implementation and would deliver the same housing and economic benefits.

Framework references: 57, 12

Plan policies cited: Policy SP1, Policy SP3, Policy SP7, Policy LPP1, Policy LPP35, Policy LPP52, Policy LPP55

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.