®Planning appeal decision
Land to the east of Braintree Road, Tye Green, CM77 8HB
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.
Framework references: 11, 55, 57, 61, 68, 74, 104, 105, 124, 125, 169, 174, 183
Plan policies cited: S1LP policy SP 3, S1LP policy SP 4, S1LP policy SP 7, S2LP policy LPP 1, S2LP policy LPP 31, S2LP policy LPP 35, S2LP policy LPP 76, CNP policy 3, KNP policy HO4, Braintree Core Strategy policy CS5, Braintree Local Plan Review policy RLP2
Judgments cited: EWHC 3541 (Admin), No. CO/759/2022
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.