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Allowed11 December 20233289767

Land South West of Fox And Pheasant Farm, Colchester Road, White Colne, Essex, CO6 2PS

Planning appeal 3289767 at Land South West of Fox And Pheasant Farm, Colchester Road, White Colne, Essex, CO6 2PS (Braintree District Council) was allowed on 11 December 2023 by Inspector Price J, following a hearing. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area.

change of use of land for the creation of 4no. Gypsy/Traveller pitches, comprising the siting of 1 mobile home, 1 touring caravan and the erection of a utility building per pitch, alongside the erection of a stables building comprising 2no. stable boxes, feed store and tack room

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
caravan-gypsy · Change of use
Inspector
Price J
Postcode
CO6 2PS

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area
  • whether there would be adequate means of foul water drainage

What decided it

The significant social benefits of providing settled accommodation for four Gypsy/Traveller families outweighed the limited character/appearance harm and the moderate weight given to the intentional unauthorised development.

The significant social benefits of providing a settled basis for four Gypsy and Traveller families outweighed the moderate harm from intentional unauthorised development, with the proposal found to comply with the development plan as a whole

What the Inspector cited

Development plan policies
Policy SP 7Policy LPP 47Policy LPP 52Policy LLP 67Policy LPP 1Policy SP 1Policy LLP 34Policy LPP 34Policy LLP 70Policy SP 2
National Planning Policy Framework
Paragraph 174Paragraph 9Paragraph 57
Judgments
Smith v SSLUHC & Ors [2022] EWCA Civ 1391; Devonhurst Investments Ltd, R (On the Application Of) v Luton Borough Council [2023] EWHC 978 (Admin)

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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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

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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.