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Planning appeal decision

Allowed5 January 20233305099

Land at North East Witham Phase 4, (in Rivenhall Parish), Witham

for up to 230 dwellings including affordable homes; public open space including sports pitches and facilities, neighbourhood equipped area for play, parkland and alternative natural greenspace, vehicular access via Forest Road and Evans way, a bus, cycle and pedestrian connection to Rickstones Road, sustainable drainage systems, landscaping and all associated infrastructure and development

Authority
Braintree District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Woodwards O

Main issues, as the Inspector framed them

  • whether or not the appeal site is an appropriate location for development of this type, having regard to local and national planning policy and guidance
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on highway safety, in particular regarding cyclists and the proposed access to Rickstones Road
  • the effect of the proposed development on the efficient operation of the highway network in the vicinity of the appeal site

What decided it

The substantial benefits of housing delivery, including affordable and self-build housing, in the context of the Council's inability to demonstrate a five year housing land supply, outweighed the limited harms and conflicts with the Development Plan.

the many and weighty benefits of the proposal (housing delivery, affordable housing, self-build, open space, transport and biodiversity improvements, and economic benefits) clearly outweighed the few and limited-weight harms and conflicts with the Development Plan, without it being necessary to apply the tilted balance

Framework references: 11, 57, 81, 111, 174, 212

Plan policies cited: Policy SP3, Policy LPP1, Policy SP6, Policy LPP42, Policy LPP68, Policy LPP69, Policy LPP67, Policy SP7, Policy LPP52, Policy LP50

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.