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Planning appeal decision

Dismissed6 January 20233295767

4 St. Marys Road, Kelvedon, CO5 9DN

Planning appeal 3295767 at 4 St. Marys Road, Kelvedon, CO5 9DN (Braintree District Council) was dismissed on 6 January 2023 by Inspector Wallace J, by written representations. The main issue, as the Inspector framed it: the effect on the character and appearance of the surrounding area.

Erection of new, additional, detached house in grounds of existing property

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Wallace J
Postcode
CO5 9DN

Main issues, as the Inspector framed them

  • the effect on the character and appearance of the surrounding area
  • the effect of the development on the living conditions of the occupiers of 4 St Mary's Road with regard to privacy
  • whether the development would provide appropriate living conditions for future occupiers

What decided it

The significant harm to character and appearance, combined with unacceptable loss of privacy to existing occupiers and poor outlook for future occupiers, substantially and demonstrably outweighed the limited housing benefit of a single dwelling under the tilted balance.

The adverse impacts of harm to character and appearance and living conditions were found to significantly and demonstrably outweigh the limited benefit of housing supply for a single dwelling when assessed against the Framework taken as a whole, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
BLP Policy LPP 52KNP Policy DE1KNP Policy DE3
National Planning Policy Framework
Paragraph 11Paragraph 14

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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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.