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

Planning appeal 3290540 at Cottonwood Lodge, Widleybrook Lane, Blackmore End, Braintree, CM7 4FD (Braintree District Council) was allowed on 9 November 2022 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode: CM7 4FD

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.

What the Inspector cited

Development plan policies: BLP Policy LPP 37BLP Policy LPP 52
National Planning Policy Framework: Paragraph 54

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.

Appeals plan, £15 a month

With an account

What an account adds to this decision

16 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

Dismissed28 October 20266008511
Rose Cottage Church Road, Terling, CM3 2PH
Dismissed20 October 20266008541
61 Aparthotel At Kings Road, Halstead, CO9 1HA
Dismissed12 October 20266014774
Land South of Pen-Lan, Bures, CO8 5DL
Dismissed12 October 20266012749
9 Kemsley Road, Earls Colne, CO6 2NU
Dismissed9 October 20266006918
Wards Farm, Gladfen Hall Road, Greenstead Green, CO9 1RN

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.