®Planning appeal decision
1 The Pavilion , Spring Valley Lane, Ardleigh, Colchester, Essex, CO7 7SD
development described as: “To demolish No 1 & No 2 The Pavilion and replace with a new two bedroomed single storey residential dwelling with parking and amenity provision”, without complying with a condition attached to planning permission Ref 21/02051/FUL, dated 26 January 2022
- Authority
- Tendring District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Storey P
Main issues, as the Inspector framed them
- whether the disputed condition is necessary and reasonable having regard to the living conditions of neighbouring and future occupiers
- whether the disputed condition is necessary and reasonable having regard to the character and appearance of the area
What decided it
The condition failed to satisfy the tests of necessity and reasonableness under NPPF paragraph 56 and PPG guidance, as the Council provided no substantive evidence that permitted development rights for small-scale domestic alterations would cause material harm to neighbouring living conditions or rural character.
Framework references: 56
Plan policies cited: Policy SP7 of the Tendring District Local Plan 2013-2033 and Beyond Section 1, Policy SPL3 of the Tendring District Local Plan 2013-2033 and Beyond Section 2
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.