®Planning appeal decision
Land at North East Witham Phase 4, (In Rivenhall Parish), Witham
Planning appeal 3305099 at Land at North East Witham Phase 4, (In Rivenhall Parish), Witham (Braintree District Council) was allowed on 5 January 2023 by Inspector Woodwards O, following an inquiry. The main issue, as the Inspector framed it: 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.
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
What the Inspector cited
- Development plan policies
- Policy SP3Policy LPP1Policy SP6Policy LPP42Policy LPP68Policy LPP69Policy LPP67Policy SP7Policy LPP52Policy LP50
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 81Paragraph 111Paragraph 174Paragraph 212
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.