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Dismissed17 August 20233316412

Burnt Gardens , Back Lane , Stisted, Essex, CM77 8AY

Planning appeal 3316412 at Burnt Gardens , Back Lane , Stisted, Essex, CM77 8AY (Braintree District Council) was dismissed on 17 August 2023 by Inspector Barnes D, by written representations. The main issue, as the Inspector framed it: whether the proposed development would be in an accessible location.

the erection of a single dwelling on a self-build basis

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Barnes D
Postcode
CM77 8AY

Main issues, as the Inspector framed them

  • whether the proposed development would be in an accessible location
  • the effects of the proposed development on the setting of designated heritage assets
  • the safety of other highway users
  • important ecological interests

What decided it

The erection of an isolated dwelling in the open countryside away from a settlement combined with inadequate highway visibility splays creating a safety concern significantly and demonstrably outweighed the benefits of self-build housing delivery.

The significant weight given to self-build housing delivery was significantly and demonstrably outweighed by the adverse impacts of an isolated dwelling in the open countryside and highway safety dangers, such that the Framework's presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Policy LPP35Policy LPP1Policy SP4Policy LPP52Policy 57Policy LPP64
National Planning Policy Framework
Paragraph 80Paragraph 11

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 authority’s record since 2016 · every decision in 2023

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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.