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Dismissed7 July 20233312296

Land at Gershwin Park, Gershwin Boulevard, Witham, Essex, CM8 1XU

Planning appeal 3312296 at Land at Gershwin Park, Gershwin Boulevard, Witham, Essex, CM8 1XU (Braintree District Council) was dismissed on 7 July 2023 by Inspector Chamberlain G, following a hearing. The main issue, as the Inspector framed it: The effect of the proposed development on the character and appearance of the area.

the ‘Erection of single storey building of 262sqm to provide 3 neighbourhood retail units (Class E), a three storey building to provide a 70 bedroom care home (Class C2) and 44 residential dwellings (Class C3) comprising of dwellinghouses and a three storey apartment building, alongside access, parking, landscaping and other associated works

Authority
Braintree District Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Other Major Developments
Inspector
Chamberlain G

Main issues, as the Inspector framed them

  • The effect of the proposed development on the character and appearance of the area
  • The adequacy of the living conditions of future occupants, with particular reference to outdoor amenity space and privacy

What decided it

The poor design quality of the scheme as a whole, combined with harmful loss of privacy to occupants of Plots 20 and 17, was found to significantly and demonstrably outweigh the substantial benefits even under the tilted balance.

The significant benefits of the scheme (sustainable location, care home provision, housing and affordable housing delivery, economic benefits) were significantly and demonstrably outweighed by the harm arising from poor design and harmful living conditions at Plots 20 and 17, such that the tilted balance did not favour permission.

What the Inspector cited

Development plan policies
Policy SP1Policy SP7Policy LPP52
National Planning Policy Framework
Paragraph 11Paragraph 62Paragraph 81Paragraph 93Paragraph 98Paragraph 180Paragraph 92Paragraph 126Paragraph 130Paragraph 131Paragraph 134

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.