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Planning appeal decision

Dismissed18 January 20233305697

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

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

Framework references: 11, 174

Plan policies cited: CLP1 Policy SP1, CLP1 Policy SP3, CLP2 Policy SG1, CLP2 Policy SG2, CLP2 Policy SS16, CLP2 Policy ENV1.E, CLP2 Policy OV2, CLP2 Policy DM15, WNP Policy WIV29

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.