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Dismissed17 June 20243299169

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

Planning appeal 3299169 at Builders Yard, Braintree Road, Shalford, Braintree, Essex, CM7 5HB (Braintree District Council) was dismissed on 17 June 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
CM7 5HB

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.

The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2024

  1. Notice varied and upheld13 July 20263352972
    Canie Hall, Toppesfield Road, Great Yeldham, England, CO9 4HB
  2. Dismissed17 April 20263367468
    Yorneys Shalford Green, Shalford, Braintree, CM7 5AY
  3. Allowed11 November 20253361772
    Land to the West Of Foxborough, Halstead Road, Sible Hedingham, Essex, CO9 3AN
  4. Allowed1 August 20253359441
    Land at Cranes Lane, Kelvedon, Essex, CO5 9AX
  5. Allowed14 March 20253351702
    Land Rear to 1-6 Dowches Cottages, Church Road, Kelvedon, CO5 9JE

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.

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