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Planning appeal decision

Dismissed6 February 20243312504

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

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)

Authority
Babergh District Council
Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
mixed-use · Other Major Developments
Inspector
Preston C

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.

Framework references: 11, 80, 84, 88, 89, 108, 135, 173, 180, 208

Plan policies cited: SP03, LP13

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.