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Planning appeal decision

Dismissed8 October 20243332210

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

Planning appeal 3332210 at Formerlly Mercers Place Halstead Road, Lexden Heath, Colchester, CO3 0JU (Colchester Borough Council) was dismissed on 8 October 2024 by Inspector Major R, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the integrity of Essex Coast Habitats Sites.

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

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
community-institutional · Change of use
Inspector
Major R
Postcode
CO3 0JU

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.

What the Inspector cited

Development plan policies
Policy SP2Policy SP6Policy DM2Policy DM19
National Planning Policy Framework
Paragraph 2Paragraph 57Paragraph 180Paragraph 186

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 2024

  1. Dismissed19 October 20266009296
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  2. Allowed8 October 20266009395
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  3. Dismissed2 October 20266005014
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  4. Dismissed2 October 20266005011
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  5. Allowed24 September 20266009382
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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.

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.