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Planning appeal decision

Notice varied and upheld29 January 20263327805

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

‘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

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.

Framework references: 212, 215

Plan policies cited: Policy DM16, Policy ENV1, Policy SP7, Policy DM15

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.