®Planning appeal decision
Barn North of Bury Farm, Bury Road, Pleshey, CM3 1HB
Planning appeal 3325747 at Barn North of Bury Farm, Bury Road, Pleshey, CM3 1HB (Chelmsford Borough Council) was dismissed on 1 July 2024 by Inspector Sylvester G, by written representations. The main issue, as the Inspector framed it: Whether the proposed developments would affect the integrity of the SPA as a protected European site of nature conservation importance.
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 · Minor Dwellings
- Inspector
- Sylvester G
- Postcode
- CM3 1HB
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 SPA, which was a decisive reason for dismissal.
The harms to the SPA integrity, character and appearance, and heritage settings were not outweighed by housing supply benefits, economic benefits, energy efficiency, or the Class Q fallback position, resulting in dismissal in accordance with the development plan.
What the Inspector cited
- Development plan policies
- Policy S1Policy S11Policy DM8Policy DM10Policy DM13Policy DM16Policy DM23
- National Planning Policy Framework
- Paragraph 180Paragraph 186Paragraph 205Paragraph 208
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
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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.