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Allowed30 January 20233306479

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

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The district's shortfall in housing land supply rendered the restrictive development plan policies out-of-date and engaged the tilted balance, under which the substantial public benefits of the scheme were not significantly and demonstrably outweighed by the limited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 applied

The decision letter

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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

  1. Dismissed24 August 20266009868
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  2. Dismissed19 June 20266006010
    Unit 2 Greenfields Farm, Great Yeldham Road, Stambourne, CO9 4ND
  3. Dismissed5 May 20266003882
    244 Rayne Road, Braintree, Essex, CM7 2QT
  4. Dismissed21 April 20263376453
    Stablebrook, Wethersfield Road, Sible Hedingham, Halstead, Essex, Co9 3LB
  5. Dismissed16 March 20266002657
    The 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.

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.