Cottonwood Lodge, Widleybrook Lane, Blackmore End, BRAINTREE, CM7 4FD

demolition of existing dwelling and construction of replacement dwelling and cartlodge without complying with a condition attached to planning permission Ref 20/00681/FUL, dated 29 September 2020

Authority: Braintree District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Wallace J

Main issues, as the Inspector framed them

Whether the condition restricting permitted development rights in respect of Classes A and B is reasonable and necessary in the interests of the character and appearance of the surrounding countryside
Whether the condition is reasonable and necessary to ensure acceptable living conditions for future occupiers of the appeal property

What decided it

Paragraph 54 of the NPPF requires clear justification to restrict national permitted development rights, which the Council failed to provide given that landscaping conditions and the site's spacious plot would adequately mitigate any visual or amenity impacts.

Framework references: 54

Plan policies cited: BLP Policy LPP 37, BLP Policy LPP 52

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

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Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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