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Dismissed4 December 20233315236

Land Opposite 1-4 Jenkins Farm Cottages , Kings Lane , Stisted , Essex , CM77 8AF

Planning appeal 3315236 at Land Opposite 1-4 Jenkins Farm Cottages , Kings Lane , Stisted , Essex , CM77 8AF (Braintree District Council) was dismissed on 4 December 2023 by Inspector Cross D, following a hearing. The main issue, as the Inspector framed it: Whether the proposal is in a suitable location for the form of residential development proposed having regard to local and national planning policy.

Erection of a 2 bedroom single-storey Agricultural Workers Dwelling

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Minor Dwellings
Inspector
Cross D
Postcode
CM77 8AF

Main issues, as the Inspector framed them

  • Whether the proposal is in a suitable location for the form of residential development proposed having regard to local and national planning policy
  • The living conditions of future residents with regards to outlook, light and access to external amenity space
  • Character and appearance
  • Other considerations relevant to the planning balance

What decided it

The significant harm from the unsustainable countryside location combined with harm to the living conditions of future residents significantly and demonstrably outweighed the limited benefits of the proposal.

the limited weight given to benefits (housing mix, self-build contribution, reduced vehicle trips) did not outweigh the significant weight given to harm from the unsustainable location and living conditions of future residents, so the adverse impacts significantly and demonstrably outweighed the benefits under the tilted balance

What the Inspector cited

Development plan policies
Policy SP1Policy SP3Policy SP6Policy SP7Policy LPP1Policy LPP38Policy LPP47Policy LPP52
National Planning Policy Framework
Paragraph 80Paragraph 11
Judgments
Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

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

  1. Allowed9 April 20266004058
    Taborsfield House, Woolpits Road, The Salings, Essex, CM7 5EA
  2. Dismissed11 December 20253373214
    Upper House Church Hill, Helions Bumpstead, Haverhill, CB9 7AJ
  3. Allowed6 November 20253369428
    Windyridge, Chapel End Way, Stambourne, Halstead, CO9 4NX
  4. Dismissed14 October 20253366906
    Land Rear of 5 Butler Road, Leather Lane, Great Yeldham, Essex, CO9 4JB
  5. Dismissed7 August 20253364029
    Finchingfield Nurseries , Bardfield Road, Finchingfield , Essex, CM7 4LL

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.