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Dismissed17 August 20233309906

Elm Cottage & Land Between Comingmak & Newton, Maldon Road, Witham, Essex, CM8 1HN

Planning appeal 3309906 at Elm Cottage & Land Between Comingmak & Newton, Maldon Road, Witham, Essex, CM8 1HN (Braintree District Council) was dismissed on 17 August 2023 by Inspector Barnes D, by written representations. The main issue, as the Inspector framed it: the effects of the proposed development on the character and appearance of the surrounding area.

the erection of 5 No. dwellings replacing a single dwelling (Elm Cottage) and access and parking

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Barnes D
Postcode
CM8 1HN

Main issues, as the Inspector framed them

  • the effects of the proposed development on the character and appearance of the surrounding area
  • the living standards of the future occupiers

What decided it

The unacceptable harm to living standards from restricted bedroom outlook combined with unacceptable harm to character and appearance significantly and demonstrably outweighed the housing delivery benefits.

the benefits of delivering 4 additional dwellings and efficient land re-use were outweighed by the unacceptable adverse impacts of poor design quality and inadequate living standards for future occupiers

What the Inspector cited

Development plan policies
Policy LPP35Policy LPP52Policy LPP47
National Planning Policy Framework
Paragraph 11

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 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.