Planning appeal decision
Land to the North of London Road, Kelvedon, Braintree, Essex, CO5 9AU
Planning appeal 3306479 at Land to the North of London Road, Kelvedon, Braintree, Essex, CO5 9AU (Braintree District Council) was allowed on 30 January 2023 by Inspector Bore J, following an inquiry. The main issue, as the Inspector framed it: current housing land supply and its implications for the application of planning policy.
for a mixed-use neighbourhood development comprising up to 300 dwellings, health centre, local retail area, care home, an early years and childcare facility, open space and landscape buffers, and supporting infrastructure that includes sustainable drainage and two accesses from London Road
- Authority
- Braintree District Council
- Appeal type
- other · Planning Appeal
- Procedure
- Inquiry
- Development
- residential · Unknown
- Inspector
- Bore J
- Postcode
- CO5 9AU
Main issues, as the Inspector framed them
- current housing land supply and its implications for the application of planning policy
- whether the appeal scheme is appropriate for Kelvedon in respect of its location, built form and community facilities, and the extent of the public benefits that would arise from the scheme
- the effect of the scheme on the countryside, landscape and ecology
- the effect of the scheme on the significance of nearby listed buildings, having regard to their settings, and on the significance of other heritage assets
What decided it
The district's shortfall in housing land supply rendered the restrictive development plan policies out-of-date and engaged the tilted balance, under which the substantial public benefits of the scheme were not significantly and demonstrably outweighed by the limited harms identified.
Slight harm to the countryside and landscape, and less than substantial harm to the significance of several listed buildings, were outweighed by the substantial public benefits of housing, affordable housing and community facilities, such that the adverse impacts did not significantly and demonstrably outweigh the benefits.
What the Inspector cited
- Development plan policies
- Policy SP4Policy LPP1Policy NE5Policy SP3Policy SP6Policy HO1Policy LPP31Policy LPP61Policy LPP52Policy LPP50Policy LPP9Policy LPP42Policy LPP67Policy LPP66Policy LPP63Policy LPP64Policy SP2Policy LPP47Policy LPP57Policy LPP59Policy LPP77Policy LPP74Policy LPP75Policy LPP76Policy LPP78
- National Planning Policy Framework
- Paragraph 11Paragraph 14Paragraph 56
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
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More decisions in Braintree District Council
The authority’s record since 2016 · every decision in 2023
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- Dismissed21 April 20263376453Stablebrook, Wethersfield Road, Sible Hedingham, Halstead, Essex, Co9 3LB
- Dismissed16 March 20266002657The Grange, 33 Lyons Hall Road, Braintree, Essex, CM7 9SG
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.
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