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Dismissed13 July 20233309966

Land West of The Chesnuts, Framlingham Road, Laxfield , IP13 8HD

Planning appeal 3309966 at Land West of The Chesnuts, Framlingham Road, Laxfield , IP13 8HD (Mid Suffolk District Council) was dismissed on 13 July 2023 by Inspector Somers J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
IP13 8HD

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.

What the Inspector cited

Development plan policies
Mid Suffolk Core Strategy Saved Policy CS1Mid Suffolk Core Strategy Saved Policy CS2Mid Suffolk Core Strategy Saved Policy CS4Mid Suffolk Local Plan 1998 Saved Policy H7Mid Suffolk Local Plan Saved Policy GP1Mid Suffolk Local Plan Saved Policy HB1Laxfield Neighbourhood Plan Policy LAX7Laxfield Neighbourhood Plan Policy LAX1Mid Suffolk Core Strategy Focused Review Policy FC1Mid Suffolk Core Strategy Focused Review Policy FC1.1
National Planning Policy Framework
Paragraph 48Paragraph 78Paragraph 79Paragraph 105Paragraph 110Paragraph 167Paragraph 199Paragraph 200Paragraph 202
Judgments
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]

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.

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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.