Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed30 November 20223286262

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

Planning appeal 3286262 at Land to the North of Western Road, Silver End, Essex, CM8 3SE (Braintree District Council) was dismissed on 30 November 2022 by Inspector Sturgess M, by written representations. The main issue, as the Inspector framed it: whether the character and appearance of the proposal is acceptable both in itself and in relation to the local area.

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

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.

What the Inspector cited

Development plan policies
Policy SP1Policy SP3Policy SP7Policy LPP1Policy LPP35Policy LPP52Policy LPP55
National Planning Policy Framework
Paragraph 57Paragraph 12

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

With an account

What an account adds to this decision

29 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2022

  1. Dismissed12 October 20266012749
    9 Kemsley Road, Earls Colne, CO6 2NU
  2. Dismissed24 August 20266009868
    The Grannex at Paddock Cottage, Cranes Lane, Kelvedon, C05 9AY
  3. Dismissed19 June 20266006010
    Unit 2 Greenfields Farm, Great Yeldham Road, Stambourne, CO9 4ND
  4. Dismissed21 January 20263366289
    Broadfields Nursery, Broad Road, Braintree, CM7 5NJ
  5. Dismissed3 December 20253365443
    Prested Hall, Prested Hall Chase, Feering, CO5 9EE

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.