Land at Braintree Road, Great Bardfield, CM7 4FE

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

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.

Framework references: 11, 15, 56, 130, 131, 134

Plan policies cited: 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)

Judgments cited: Holborn Studios Ltd v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

Read the decision letter on the Inspectorate’s site

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.