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Planning appeal decision

Dismissed28 March 20233298692

Land Adjacent to Shatters Farm Shatters Road, Layer Breton, Colchester, CO2 0PY

Planning appeal 3298692 at Land Adjacent to Shatters Farm Shatters Road, Layer Breton, Colchester, CO2 0PY (Colchester Borough Council) was dismissed on 28 March 2023 by Inspector White P, by written representations. The main issue, as the Inspector framed it: whether the site would be a suitable location for housing, with particular regard to accessibility to services and facilities.

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
Postcode
CO2 0PY

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.

What the Inspector cited

Development plan policies
CBLP1 Policy SP3CBLP2 Policy SG1CBLP1 Policies SP1CBLP1 Policy SP4CBLP2 Policy SG2CBLP2 Policy OV2CBLP2 Policies ENV5CBLP2 Policy DM1
National Planning Policy Framework
Paragraph 79Paragraph 183

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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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2023

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  5. Allowed24 September 20266009382
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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.