Builders Yard, Braintree Road, Shalford, Braintree, Essex, CM7 5HB

the erection of 9 detached houses permitted by planning permission ref 09/01116/FUL dated 5 November 2009

Authority: Braintree District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Bale M

Main issues, as the Inspector framed them

Whether commencement of development was lawful given an accepted failure to comply with condition 8 requiring implementation of a programme of archaeological work in accordance with a written scheme of investigation

What decided it

Condition 8 goes to the heart of the planning permission as a true condition precedent because archaeology is clearly a matter requiring proper investigation through site excavations prior to ground works, and development has commenced in breach of that condition.

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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.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
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