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Planning appeal decision

Dismissed4 April 20243325050

Land to the rear of 231 With Road, Black Notley , Braintree, CM77 8NQ

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

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.

Framework references: 11, 76

Plan policies cited: Policy SP3, Policy LPP1, Policy LPP52, Policy SP7, Policy LPP76, Policy LPP78, Policy SP1

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.