®Planning appeal decision
Barn North of Bury Farm, Bury Road, Pleshey, CM3 1HB
the replacement of 3.no dwellings (consented by application 20/00066/CUPAQ) with the erection of 1.no dwelling, access gates ancillary shed, solar PV array and an associated landscaping scheme, along the partial change of use from agricultural to residential
- Authority
- Chelmsford Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Sylvester G
Main issues, as the Inspector framed them
- Whether the proposed developments would affect the integrity of the SPA as a protected European site of nature conservation importance
- The effects of the proposed developments on the character and appearance of the existing building and area, with particular regard to their location in the countryside
- Whether the proposed developments would preserve the settings of the Grade II listed buildings known as: Dovecote or Granary, South Barn and Plesheybury House
- If there is any harm, whether this is outweighed by other considerations, particularly whether there is a fallback position for an alternative proposed development
What decided it
The failure to secure the SPA mitigation contribution by binding planning obligation meant the Inspector could not be satisfied beyond reasonable doubt that the developments would not harm the integrity of the protected European site, which was a decisive factor in dismissing both appeals.
The adverse effects on the SPA integrity, harm to character and appearance, and harm to listed building settings were not outweighed by the public benefits of housing supply, economic contribution, energy efficiency, or the fallback Class Q scheme, resulting in dismissal.
Framework references: 180, 186, 205, 208
Plan policies cited: Policy S1, Policy S11, Policy DM8, Policy DM10, Policy DM13, Policy DM16, Policy DM23
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.