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Dismissed9 March 20233296487

Oakwood, Newpasture Lane, Sailing Road, Stebbing, CM6 3TD

Planning appeal 3296487 at Oakwood, Newpasture Lane, Sailing Road, Stebbing, CM6 3TD (Uttlesford District Council) was dismissed on 9 March 2023 by Inspector Szymanski D, by written representations. The main issue, as the Inspector framed it: the effect of the proposal upon the character and appearance of the area.

erection of 1No. dwelling

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Szymanski D
Postcode
CM6 3TD

Main issues, as the Inspector framed them

  • the effect of the proposal upon the character and appearance of the area
  • the effect of the proposal upon the setting and significance of Grade II Listed Buildings
  • whether or not the proposal would be in a suitable location having regard to policies for the location of new dwellings
  • whether or not the proposal would be in a suitable location having regard to the accessibility of services and facilities

What decided it

The harm to the setting and significance of the Grade II Listed Buildings, when given considerable importance and weight as required by the Planning (Listed Buildings and Conservation Areas) Act 1990 and paragraph 202 of the Framework, significantly outweighs the limited public benefits of the proposal.

The harm to heritage assets and character and appearance, together with conflicts with development plan policies for location of new dwellings and accessibility to services, significantly outweighed the limited public benefits including small economic benefit, housing contribution, and rural community support.

What the Inspector cited

Development plan policies
Policy S7Policy H1Policy GEN2Policy ENV2Policy STEB1Policy STEB5Policy STEB9
National Planning Policy Framework
Paragraph 8Paragraph 11Paragraph 14Paragraph 79Paragraph 80Paragraph 105Paragraph 130Paragraph 174Paragraph 199Paragraph 200Paragraph 202
Judgments
Braintree DC v SSCLG [2018] EWCA Civ. 610

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.

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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.