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Planning appeal decision

Dismissed8 October 20243332210

Formerlly Mercers Place Halstead Road, Lexden Heath, COLCHESTER, CO3 0JU

minor fenestration changes to front elevation and internal layout changes to ground floor & 1st floor plans

Authority
Colchester Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Major R

Main issues, as the Inspector framed them

  • the effect of the proposed development on the integrity of Essex Coast Habitats Sites
  • whether the proposed development would result in an unacceptable loss of an existing community facility
  • whether the proposed development would provide appropriate living conditions for future occupiers of the appeal scheme and existing occupiers of the neighbouring development, with particular regard to outdoor amenity space
  • whether a planning obligation is necessary in respect of matters relating to community, and sport and recreation, facilities

What decided it

The absence of a signed planning obligation to secure the required RAMS contribution to mitigate recreational impacts on Essex Coast Habitats Sites meant the Inspector could not be certain that the proposed development would not cause harm to the integrity of designated habitats sites, which is a decisive matter bringing the proposal into conflict with the development plan.

Framework references: 2, 57, 180, 186

Plan policies cited: Policy SP2, Policy SP6, Policy DM2, Policy DM19

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.