Planning appeal decision
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
- 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.
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 appliedThe decision letter
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With an account
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More decisions in Braintree District Council
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.
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