Town Planner Pro
Search appeal decisions

Planning appeal decision

Dismissed6 February 20243312504

The Brewers Arms, Bower House Tye, Polstead, Colchester, CO6 5BZ

Planning appeal 3312504 at The Brewers Arms, Bower House Tye, Polstead, Colchester, CO6 5BZ (Babergh District Council) was dismissed on 6 February 2024 by Inspector Preston C, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on the character and appearance of the area, including the effect on the setting of nearby listed buildings.

Hybrid application. Full Planning Permission for the erection of 1 no. commercial building (Class E ‘farm shop’), 1 no. covered pergola for outdoor dining, extension to car park, erection of 5 no. holiday let cabins including construction of associated car park, and planting of woodland and meadowland. Outline Planning Permission (with access to be considered) for the erection of 7 no. single storey dwellings (including 2 no. affordable housing units) (with access)

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
mixed-use · Other Major Developments
Inspector
Preston C
Postcode
CO6 5BZ

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the area, including the effect on the setting of nearby listed buildings
  • Whether the proposal is located in an appropriate location, having regard to the accessibility of shops, services and amenities and likely modes of travel
  • Whether any future residents of the proposed dwellings and holiday cabins would benefit from acceptable living conditions, having regard to the proximity to the public house and proposed farm shop
  • Whether sufficient information has been provided to demonstrate that a suitable surface water drainage strategy is achievable
  • The effect of the proposal on European Designated sites for nature conservation and whether the submitted unilateral undertaking provides adequate mitigation for any harm that may arise, with regard to contributions towards the Suffolk Coast Recreational Avoidance and Mitigation Strategy (RAMS)
  • If any harm does arise in respect of the above matters, whether that harm is outweighed by any other material considerations to indicate that permission should be granted

What decided it

The less than substantial harm to the setting and significance of the listed buildings, combined with the unsustainable location contrary to the development plan and the failure to demonstrate adequate drainage and nature conservation mitigation, outweighed the modest economic and housing benefits.

The less than substantial harm to the setting and significance of the listed buildings and harm to character and appearance, together with the unsustainable location contrary to the development plan, outweighed the modest benefits of economic activity, housing provision and affordable housing, which did not justify a decision contrary to the development plan policies.

What the Inspector cited

Development plan policies
SP03LP13
National Planning Policy Framework
Paragraph 11Paragraph 80Paragraph 84Paragraph 88Paragraph 89Paragraph 108Paragraph 135Paragraph 173Paragraph 180Paragraph 208

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

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

15 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Babergh District Council

The authority’s record since 2016 · every decision in 2024

  1. Dismissed15 July 20263370515
    Grove Solar Farm, Bentley, IP9 2BZ
  2. Dismissed14 July 20266006306
    Land At Sheepwash, Cat House Lane, Woolverstone, IP9 1DQ
  3. Allowed26 June 20266005765
    Brett Vale House, Noaks Road, Raydon, IP7 5LR
  4. Allowed5 May 20266003640
    Former Ambulance Station, Duckamere, Bramford, Suffolk, IP8 4AJ
  5. Notice varied and upheld27 April 20263331675
    Land East of the Brambles, Rockalls Road, Polstead, Suffolk, CO6 5AS

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.