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Dismissed10 November 20233314549

Land to the East of Tey Road , Tey Road , Earls Colne , Essex, CO6 2LJ

Planning appeal 3314549 at Land to the East of Tey Road , Tey Road , Earls Colne , Essex, CO6 2LJ (Braintree District Council) was dismissed on 10 November 2023 by Inspector Aston R, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on Archaeological heritage assets.

outline planning permission for the erection of five detached self-build dwellings with all matters reserved

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Aston R

Main issues, as the Inspector framed them

  • The effect of the proposal on Archaeological heritage assets
  • The effect of the proposal on protected species
  • Whether the site is a suitable site for housing, having regard to the Council's adopted spatial strategy
  • The effect of the proposal on the character and appearance of the appeal site and surrounding area
  • The effect on highway safety

What decided it

The cumulative effect of substantial harm to archaeological heritage, protected species, character and appearance, and highway safety, combined with significant conflict with the spatial strategy, outweighed the benefits of housing delivery in the absence of a 5-year supply.

The adverse impacts of harm to character and appearance, archaeological heritage, protected species and highway safety, together with significant conflict with the spatial strategy, significantly and demonstrably outweighed the moderate benefits of five dwellings and limited economic benefits, such that the proposal did not constitute sustainable development under paragraph 11 d) ii of the Framework.

What the Inspector cited

Development plan policies
Policy LPP59Policy LPP64Policy SP3Policy SP7Policy LPP42Policy LPP52Policy LPP67
National Planning Policy Framework
Paragraph 11Paragraph 110Paragraph 174

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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More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2023

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  3. Allowed14 March 20253351702
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  4. Dismissed13 August 20243327948
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  5. Dismissed17 June 20243299169
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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.