76 Belle View Rowhedge Road, Colchester, CO2 8EJ

the demolition of store building and erection of single dwelling

Authority: Colchester Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Sylvester G

Main issues, as the Inspector framed them

The effect of the proposed development on the character and appearance of the area
Whether the proposed development would be in an appropriate location for new housing with particular regard to the Council's settlement strategy and the accessibility of services and facilities

What decided it

The proposal conflicts with the spatial strategy in S1LP Policy SP3 by locating housing outside and not adjoining a defined settlement, and causes harm to the character and appearance of the rural landscape contrary to S1LP Policy SP7 and S2LP Policies ENV1 and OV2, which harms outweigh the modest benefits.

The substantial conflict with the recently adopted development plan and the harm to the character and appearance of the rural landscape outweighed the modest economic, social and environmental benefits of the proposal.

Framework references: 109

Plan policies cited: S1LP Policy SP1, S1LP Policy SP3, S1LP Policy SP7, S2LP Policy ENV1, S2LP Policy OV2, S2LP Policy SG1

Judgments cited: Corbett v Cornwall Council and another [2022] EWCA Civ 1069

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.