®Planning appeal decision
1 The Pavilion , Spring Valley Lane, Ardleigh, Colchester, Essex, CO7 7SD
Planning appeal 3333016 at 1 The Pavilion , Spring Valley Lane, Ardleigh, Colchester, Essex, CO7 7SD (Tendring District Council) was allowed on 8 August 2024 by Inspector Storey P, by written representations. The main issue, as the Inspector framed it: whether the disputed condition is necessary and reasonable having regard to the living conditions of neighbouring and future occupiers.
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
- Postcode
- CO7 7SD
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.
What the Inspector cited
- Development plan policies
- Policy SP7 of the Tendring District Local Plan 2013-2033 and Beyond Section 1Policy SPL3 of the Tendring District Local Plan 2013-2033 and Beyond Section 2
- National Planning Policy Framework
- Paragraph 56
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.