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Planning appeal decision

Dismissed15 May 20233309504

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

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

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

Framework references: 2, 11, 199, 200, 202

Plan policies cited: Policy LPP1, Policy SP7, Policy LPP35, Policy LPP52

Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.