®Planning appeal decision
Land adjacent to Shatters Farm Shatters Road, Layer Breton, COLCHESTER, CO2 0PY
described on the application form as cessation of use of established builders yard and erection of one dwelling
- Authority
- Colchester Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- White P
Main issues, as the Inspector framed them
- whether the site would be a suitable location for housing, with particular regard to accessibility to services and facilities
- whether the development would result in undue risk to human health or to other relevant receptors, arising from contamination of the land
What decided it
The site's location outside the settlement boundary in a poorly accessible location without realistic sustainable transport choices to essential services, combined with the failure to provide sufficient contamination assessment information, rendered the proposal unsuitable for housing and in conflict with the development plan.
The limited benefits of one dwelling on previously developed land and the limited impacts of the fallback lawful use did not outweigh the harm arising from the unsustainable location and unresolved contamination risks.
Framework references: 79, 183
Plan policies cited: CBLP1 Policy SP3, CBLP2 Policy SG1, CBLP1 Policies SP1, CBLP1 Policy SP4, CBLP2 Policy SG2, CBLP2 Policy OV2, CBLP2 Policies ENV5, CBLP2 Policy DM1
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.