®Planning appeal decision
The Lodge Rectory Lane, Rivenhall, Witham, CM8 3HJ
Planning appeal 3311390 at The Lodge Rectory Lane, Rivenhall, Witham, CM8 3HJ (Braintree District Council) was allowed on 17 August 2023 by Inspector Barnes D, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would be in a sustainable location.
the erection of 3 No. 2-bed single-storey bungalows and garages with a new access off Rectory Lane
- Authority
- Braintree District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Barnes D
- Postcode
- CM8 3HJ
Main issues, as the Inspector framed them
- Whether the proposed development would be in a sustainable location
What decided it
The approved 230-dwelling scheme on adjacent land to the east materially changed the locational circumstances of the appeal site, making it reasonable to judge the proposed dwellings as locationally related to that approved development rather than isolated homes in the countryside, and this change in circumstances combined with the housing land supply shortfall tipped the tilted balance in favour of the appeal.
The adverse impacts of locating the development outside the defined development boundary and in open countryside were outweighed by the substantial weight given to the changed circumstances arising from the approved adjacent scheme, the change to character and appearance that would result, the contribution to housing land supply shortfall, and other material considerations including sustainable travel opportunities.
What the Inspector cited
- Development plan policies
- Policy SP3Policy LPP1
- National Planning Policy Framework
- Paragraph 11
- Judgments
- Corbett v Cornwall County Council [2022] EWCA Civ 1069
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Braintree District Council
The authority’s record since 2016 · every decision in 2023
- Allowed11 November 20253361772Land to the West Of Foxborough, Halstead Road, Sible Hedingham, Essex, CO9 3AN
- Allowed1 August 20253359441Land at Cranes Lane, Kelvedon, Essex, CO5 9AX
- Allowed14 March 20253351702Land Rear to 1-6 Dowches Cottages, Church Road, Kelvedon, CO5 9JE
- Dismissed13 August 20243327948Land North of 17 Gosfield Road, Braintree , Essex, CM7 5NZ
- Dismissed17 June 20243299169Builders Yard, Braintree Road, Shalford, Braintree, Essex, CM7 5HB
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.