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Dismissed15 May 20233309504

Land West of Water Lane, Pebmarsh, Halstead, Essex, CO9 2NA

Planning appeal 3309504 at Land West of Water Lane, Pebmarsh, Halstead, Essex, CO9 2NA (Braintree District Council) was dismissed on 15 May 2023 by Inspector Bell-Williamson J, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the appeal site and the surrounding area, including the effect of possible changes in ground levels and related to this the effect on the living conditions of future occupiers, with regard to outlook and privacy.

application for outline planning permission of 3 detached dwellings with all matters reserved

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bell-Williamson J
Postcode
CO9 2NA

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the appeal site and the surrounding area, including the effect of possible changes in ground levels and related to this the effect on the living conditions of future occupiers, with regard to outlook and privacy

What decided it

The less than substantial but considerable harm to the setting of the Grade II listed King's Head Public House and the character and appearance of the lane, which was not outweighed by the benefit of three additional dwellings, combined with conflict with the development plan policies on character, appearance and development boundaries.

The benefits of housing delivery were outweighed by the less than substantial but considerable harm to the setting of the listed building and the material harm to character and appearance

What the Inspector cited

Development plan policies
Policy LPP1Policy SP7Policy LPP35Policy LPP52
National Planning Policy Framework
Paragraph 2Paragraph 11Paragraph 199Paragraph 200Paragraph 202
Judgments
Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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

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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.