®Planning appeal decision
Land to the Rear of 231 With Road, Black Notley , Braintree, CM77 8NQ
Planning appeal 3325050 at Land to the Rear of 231 With Road, Black Notley , Braintree, CM77 8NQ (Braintree District Council) was dismissed on 4 April 2024 by Inspector Smith D, by written representations. The main issue, as the Inspector framed it: Whether the proposed development would be in a suitable location for housing having regard to relevant development plan policies.
outline planning application with all matters reserved (apart from access to the site) for up to 13 residential units (Use Class C3), associated car parking, landscaping and ancillary works and infrastructure. Access will be directly off Witham Road
- Authority
- Braintree District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Smith D
- Postcode
- CM77 8NQ
Main issues, as the Inspector framed them
- Whether the proposed development would be in a suitable location for housing having regard to relevant development plan policies
- The effect on the character and appearance of the surrounding area
- The effect on the living conditions of the occupiers of properties in Witham Road and Meadow Way with reference to noise and general disturbance, outlook and privacy
What decided it
The conflict with the development plan's spatial strategy and settlement hierarchy, combined with the modest quantum of housing benefit against a small shortfall and recently adopted plan, means the adverse impacts significantly and demonstrably outweigh the benefits when assessed against the Framework as a whole.
The adverse impacts of conflict with development plan policy and modest harm to character and appearance significantly and demonstrably outweigh the benefits of 13 new dwellings in a district with only a small housing land supply shortfall and a recently adopted strategy, such that the presumption in favour of sustainable development does not apply.
What the Inspector cited
- Development plan policies
- Policy SP3Policy LPP1Policy LPP52Policy SP7Policy LPP76Policy LPP78Policy SP1
- National Planning Policy Framework
- Paragraph 11Paragraph 76
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.