®Planning appeal decision
Land to the East of Braintree Road, Tye Green, CM77 8HB
Planning appeal 3307493 at Land to the East of Braintree Road, Tye Green, CM77 8HB (Braintree District Council) was allowed on 14 March 2023 by Inspector Bristow T, following a hearing. The main issue, as the Inspector framed it: Whether the appeal site is an acceptable location for the development proposed, with particular regard to the accessibility of services and facilities.
described on the application form as ‘outline planning application (some matters reserved) for the residential development of up to 35 dwellings (including 40% affordable housing), with vehicular access, areas of landscaping and public open space
- Authority
- Braintree District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Major dwellings
- Inspector
- Bristow T
Main issues, as the Inspector framed them
- Whether the appeal site is an acceptable location for the development proposed, with particular regard to the accessibility of services and facilities
- The effect of the proposal on local and landscape character
What decided it
Under the tilted balance applied because the Council could not demonstrate a five year housing land supply, the significant benefits of housing and affordable housing delivery were not significantly and demonstrably outweighed by the limited and moderate harms identified.
The significant benefits of housing provision, affordable housing and biodiversity net gain were not significantly and demonstrably outweighed by the limited harm from the site's location, moderate (but declining) harm to landscape character, and limited harm from loss of best and most versatile agricultural land, so the balance tipped in favour of allowing the appeal.
What the Inspector cited
- Development plan policies
- S1LP policy SP 3S1LP policy SP 4S1LP policy SP 7S2LP policy LPP 1S2LP policy LPP 31S2LP policy LPP 35S2LP policy LPP 76CNP policy 3KNP policy HO4Braintree Core Strategy policy CS5Braintree Local Plan Review policy RLP2
- National Planning Policy Framework
- Paragraph 11Paragraph 55Paragraph 57Paragraph 61Paragraph 68Paragraph 74Paragraph 104Paragraph 105Paragraph 124Paragraph 125Paragraph 169Paragraph 174Paragraph 183
- Judgments
- EWHC 3541 (Admin), No. CO/759/2022
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
More decisions in Braintree District Council
The authority’s record since 2016 · every decision in 2023
- Dismissed12 October 202660127499 Kemsley Road, Earls Colne, CO6 2NU
- Dismissed24 August 20266009868The Grannex at Paddock Cottage, Cranes Lane, Kelvedon, C05 9AY
- Dismissed19 June 20266006010Unit 2 Greenfields Farm, Great Yeldham Road, Stambourne, CO9 4ND
- Dismissed5 May 20266003882244 Rayne Road, Braintree, Essex, CM7 2QT
- Dismissed21 April 20263376453Stablebrook, Wethersfield Road, Sible Hedingham, Halstead, Essex, Co9 3LB
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.