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Dismissed18 January 20233305697

Land at Broadfields, Elmstead Road, Wivenhoe, Colchester, CO7 9SF

Planning appeal 3305697 at Land at Broadfields, Elmstead Road, Wivenhoe, Colchester, CO7 9SF (Colchester Borough Council) was dismissed on 18 January 2023 by Inspector Sims B, following an inquiry. The main issue, as the Inspector framed it: The principle of the development with respect to relevant planning policy and the location of the site, partly outside the defined settlement boundary of Wivenhoe.

Construction of residential development (Use Class C3), access, landscaping, public open space, and associated infrastructure works

Authority
Colchester Borough Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Sims B

Main issues, as the Inspector framed them

  • The principle of the development with respect to relevant planning policy and the location of the site, partly outside the defined settlement boundary of Wivenhoe
  • The effect the development would have on the appearance and character of the local landscape
  • The effect of planning constraints on that part of the appeal site that lies within the settlement boundary of Wivenhoe
  • Any planning benefits that would result from the appeal scheme

What decided it

The location of part of the proposed development outside the defined settlement boundary, contrary to development plan policy and undermining the plan-led system, was not outweighed by the benefits of the scheme.

the significant weight of the housing and other benefits was clearly outweighed by the substantial weight given to the conflict with the settlement boundary and the moderate weight given to landscape and visual harm

What the Inspector cited

Development plan policies
CLP1 Policy SP1CLP1 Policy SP3CLP2 Policy SG1CLP2 Policy SG2CLP2 Policy SS16CLP2 Policy ENV1.ECLP2 Policy OV2CLP2 Policy DM15WNP Policy WIV29
National Planning Policy Framework
Paragraph 11Paragraph 174

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.