Land at Braintree Road, Great Bardfield, CM7 4FE

Planning appeal 3317112 at Land at Braintree Road, Great Bardfield, CM7 4FE (Braintree District Council) was dismissed on 18 December 2023 by Inspector Russell M, following a hearing. The main issue, as the Inspector framed it: whether the local planning authority can demonstrate a five year supply of deliverable housing land and its implications for the application of planning policy.

erection of 56 dwellings (Use Class C3) with associated works, including access; internal road network and associated highway works; hard and soft landscaping; formal and informal open space; vehicular, cyclist and pedestrian infrastructure; utilities and drainage infrastructure; car and cycle parking; and refuse storage

Authority: Braintree District Council
Appeal type: major · Planning Appeal
Procedure: Hearing
Development: residential · Major dwellings
Inspector: Russell M
Postcode: CM7 4FE

Main issues, as the Inspector framed them

whether the local planning authority can demonstrate a five year supply of deliverable housing land and its implications for the application of planning policy
the effect of the proposal on the character and appearance of the area
whether the proposal would provide suitable living conditions for occupants of the development and neighbouring properties with particular regard to privacy
whether the proposal would made adequate provision for affordable housing and any other necessary infrastructure requirements arising from the development

What decided it

The significantly harmful effect of the proposal's layout and design on the character and appearance of the area was found to significantly and demonstrably outweigh the housing and other benefits under the tilted balance.

The substantial contribution to housing supply, affordable housing, and social/economic/infrastructure benefits (significant weight) were significantly and demonstrably outweighed by the harm to character and appearance and the moderate-weight conflict with Policy LPP1, such that the tilted balance in paragraph 11(d) was not overcome.

What the Inspector cited

Development plan policies: Policy SP3 (Spatial Strategy for North Essex)Policy LPP 1 (Development Boundaries)Policy SP7 (Place Shaping Principles)Policy LPP 52 (Layout and Design of Development)Policy LPP 31 (Affordable Housing)Policy SP6 (Infrastructure and Connectivity)Policy LPP 50 (Provision for Open Space, Sport and Recreation)Policy LPP42 (Sustainable Transport)Policy LPP 78 (Infrastructure Delivery and Impact Mitigation)
National Planning Policy Framework: Paragraph 11Paragraph 15Paragraph 56Paragraph 130Paragraph 131Paragraph 134
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.

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The decision letter

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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.