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Planning appeal decision

Dismissed21 February 20233311054

41 Julien Court Road, Braintree, CM7 9BN

Planning appeal 3311054 at 41 Julien Court Road, Braintree, CM7 9BN (Braintree District Council) was dismissed on 21 February 2023 by Inspector Biggers P, by written representations. The main issue, as the Inspector framed it: whether the proposed development would have a detrimental impact on the living conditions of present and future occupiers of No 7 Beaufort Gardens in terms of height, proximity and outlook.

raising of roof and changes to roof form, first floor front extension and inclusion of front dormer, part single part two storey rear extension

Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Biggers P
Postcode
CM7 9BN

Main issues, as the Inspector framed them

  • whether the proposed development would have a detrimental impact on the living conditions of present and future occupiers of No 7 Beaufort Gardens in terms of height, proximity and outlook
  • whether the proposed development would have a detrimental impact on the character and appearance of the host dwelling and its surroundings on Julien Court Road

What decided it

The overbearing and dominating effect of the raised roof and extended flank wall on the living conditions and outlook of the neighbouring occupants at No 7 Beaufort Gardens, combined with overshadowing, outweighed the sustainable use benefits of the proposal.

What the Inspector cited

Development plan policies
LPP36LPP52
National Planning Policy Framework
Paragraph 130

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.