®Planning appeal decision
Land West of The Chesnuts, Framlingham Road, Laxfield , IP13 8HD
the erection of a new single storey dwelling
- Authority
- Mid Suffolk District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Somers J
Main issues, as the Inspector framed them
- Whether the proposal would preserve the settings of the surrounding listed buildings known as 'Chestnut Tree Farmhouse' (Grade II), and the character and appearance of the locality
- Whether the proposal would provide a suitable site for development, having regard to its location in conjunction with the Housing Strategy of the area
- Whether the proposal is a suitable location for residential development, taking into account the risk from flooding
What decided it
The less than substantial but considerable harm to the setting and significance of the Grade II listed Chestnut Tree Farmhouse, to which great weight must be given under section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and paragraph 199 of the Framework, is not outweighed by the public benefits of the proposal.
The moderate weight given to the sustainability of the site and the moderate weight given to the economic, environmental and social benefits of the dwelling are outweighed by the great weight attached to the harm to the heritage asset and the moderate weight attached to non-conformance with flood risk policies, resulting in a clear conflict with development plan policies and the Framework taken as a whole.
Framework references: 48, 78, 79, 105, 110, 167, 199, 200, 202
Plan policies cited: Mid Suffolk Core Strategy Saved Policy CS1, Mid Suffolk Core Strategy Saved Policy CS2, Mid Suffolk Core Strategy Saved Policy CS4, Mid Suffolk Local Plan 1998 Saved Policy H7, Mid Suffolk Local Plan Saved Policy GP1, Mid Suffolk Local Plan Saved Policy HB1, Laxfield Neighbourhood Plan Policy LAX7, Laxfield Neighbourhood Plan Policy LAX1, Mid Suffolk Core Strategy Focused Review Policy FC1, Mid Suffolk Core Strategy Focused Review Policy FC1.1
Judgments cited: Bernard Wheatcroft Ltd v SSE [JPL 1982 P37]; Braintree District Council v Secretary of State for Communities and Local Government, Greyread Limited & Granville Development Limited [2017]
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.