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Planning appeal decision

Notice varied and upheld29 January 20263327805

Cherry Garden Earls Colne Road, Great Tey, Colchester, CO6 1AL

Planning appeal 3327805 at Cherry Garden Earls Colne Road, Great Tey, Colchester, CO6 1AL (Colchester Borough Council) was allowed in part (a split decision) on 29 January 2026 by Inspector Griffin E, by written representations. The main issue, as the Inspector framed it: The effect of the development upon the character and appearance of the area having particular regard to the desirability of preserving the setting of the Grade II listed building at the appeal site.

‘Without the benefit of planning permission, the construction of brick piers and associated walling, gate and metal fret cut screens and gate over 1 metre in height, adjacent to the highway. (For the avoidance of doubt this is brick gate piers and associated walling and metal fret cut screens and gate in the photograph attached this notice) (“the Activity”)

Authority
Colchester Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Griffin E
Postcode
CO6 1AL

Main issues, as the Inspector framed them

  • The effect of the development upon the character and appearance of the area having particular regard to the desirability of preserving the setting of the Grade II listed building at the appeal site

What decided it

The development causes less than substantial but considerable harm to the setting of the Grade II listed building with no substantiated public benefits to outweigh that harm, failing to comply with Section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and relevant local plan policies.

What the Inspector cited

Development plan policies
Policy DM16Policy ENV1Policy SP7Policy DM15
National Planning Policy Framework
Paragraph 212Paragraph 215

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 applied

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld19 May 20263358290
    95 Nayland Road , Colchester , CO4 5EN
  2. Notice varied and upheld25 March 20263361715
    Elliot Minimarket, 3 St. Botolphs Circus, Colchester, CO2 7EF
  3. Planning permission granted17 March 20263309435
    3 Firs Chase, West Mersea, Colchester, Essex, CO5 8NG
  4. Notice varied and upheld6 March 20263364430
    Lexden Lodge Kindergarten, 26 Lexden Road, Colchester, Essex, CO3 3QD
  5. Notice varied and upheld12 February 20263338044
    84 Coggeshall Road, Marks Tey, Colchester, CO6 1LS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.