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Dismissed10 March 20233301064

The Pheasant PH, Audley End, Gestingthorpe , Essex , CO9 3AU

Planning appeal 3301064 at The Pheasant PH, Audley End, Gestingthorpe , Essex , CO9 3AU (Braintree District Council) was dismissed on 10 March 2023 by Inspector Bell-Williamson J, by written representations. The main issue, as the Inspector framed it: The effect of the outdoor seating area on the character and appearance of the host building and the street scene.

new sheltered outdoor seating area attached to existing pub building

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Bell-Williamson J
Postcode
CO9 3AU

Main issues, as the Inspector framed them

  • The effect of the outdoor seating area on the character and appearance of the host building and the street scene
  • The effect on the living conditions of nearby residents, with regard to noise and disturbance

What decided it

The covered seating area's design and form would result in material harm to neighbouring residents' living conditions through noise and disturbance due to its capacity for concentrated congregation and extended year-round use, which could not be overcome by other material considerations.

What the Inspector cited

Development plan policies
Policy SP7Policy LPP47Policy LPP52
National Planning Policy Framework
Paragraph 12

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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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.