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Planning appeal decision

Dismissed9 August 20223291524

Land at Warish Hall Farm, Smiths Green, Takeley, CM22 6NR

Mixed use development including: revised access to/from Parsonage Road between Weston Group Business Centre and Innovation Centre buildings leading to; light industrial/flexible employment units (c.3568sqm) including health care medical facility/flexible employment building (Use Class E) ; 126 dwellings on Bulls Field, south of Prior's Wood; 26 dwellings west of and with access from Smiths Green Lane; 38 dwellings on land north of Jacks Lane, east of Smiths Green Lane including associated landscaping, woodland extension, public open space, pedestrian and cycle routes”

Authority
Uttlesford District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Other Major Developments
Inspector
McCoy R

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the surrounding area, including the Countryside Protection Zone
  • the effect of the proposal on the significance of nearby heritage assets including Warish Hall moated site and remains of Takeley Priory SAM, the Grade 1 listed Warish Hall and Moat Bridge, along with other designated and non-designated heritage assets
  • the effect of the proposal on the adjacent ancient woodland at Priors Wood
  • whether any adverse impacts of the proposal would significantly and demonstrably outweigh the benefits when assessed against the policies of the NPPF taken as a whole or whether specific NPPF policies indicate that development should be restricted

What decided it

The less than substantial harm to designated heritage assets, to which great weight is attached under the NPPF, was not outweighed by the public benefits of the scheme, engaging the footnote 7 restriction under NPPF paragraph 11(d)(i).

The public benefits, including housing delivery, economic benefits and the S106 obligations, did not outweigh the less than substantial harm to heritage assets and the harm to landscape character, visual impact and the Countryside Protection Zone, so the balance tipped against the proposal

Framework references: 11, 130, 170, 174, 180, 199, 200, 202, 203, 219

Plan policies cited: Policy S7, Policy S8, Policy GEN6, Policy ENV2, Policy ENV4, Policy ENV7, Policy ENV8, Policy ENV9, Policy H9, Policy GEN1, Policy GEN2, Policy GEN3, Policy GEN4, Policy GEN7, Policy GEN8, Policy E3, Policy ENV1, Policy ENV3, Policy ENV5, Policy ENV10, Policy ENV13, Policy ENV14, Policy ENV15, Policy H10

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.