®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 · Minor Dwellings
- 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 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.
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.