®Planning appeal decision
The Garden House, Hollow Road, Kelvedon, CO5 9DG
Planning appeal 3291572 at The Garden House, Hollow Road, Kelvedon, CO5 9DG (Braintree District Council) was dismissed on 20 December 2022 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: whether the site is a suitable location for housing, with particular regard to the Council's spatial strategy and access to services, facilities and sustainable transport options.
erection of two new dwellings including the provision of parking spaces and amenity space
- Authority
- Braintree District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Wallace J
- Postcode
- CO5 9DG
Main issues, as the Inspector framed them
- whether the site is a suitable location for housing, with particular regard to the Council's spatial strategy and access to services, facilities and sustainable transport options
- the effect of the proposal on the character and appearance of the area
What decided it
The adverse impacts of the development—significant harm to character and appearance and conflict with the spatial strategy requiring development within or adjacent to settlements with accessible sustainable transport—significantly and demonstrably outweighed the limited benefits of two dwellings, even with the tilted balance engaged due to the lack of five-year housing land supply.
The adverse impacts of significant harm to character and appearance and moderate conflict with the spatial strategy significantly and demonstrably outweighed the limited benefits of two dwellings and associated economic benefits, such that the proposal did not benefit from the presumption in favour of sustainable development.
What the Inspector cited
- Development plan policies
- SSP Policy SP 3BLP Policy LPP 1BLP Policy LPP 42KNP Policy DE 2KNP Policy HO 1KNP Policy HO 4KNP Policy DE 1KNP Policy DE 3KNP Policy MA 4KNP Policy BR 3
- National Planning Policy Framework
- Paragraph 11Paragraph 14Paragraph 79Paragraph 104
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
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.
With an account
What an account adds to this decision
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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.