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Planning appeal decision

Dismissed23 May 20243334698

Land to rear of 95 Newland Street, Witham, Essex , CM8 1YZ

to erect a block of 6 x 1 bedroom flats set over 2 floors with the associated communal gardens and parking

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bowden N

Main issues, as the Inspector framed them

  • whether the proposed development would preserve or enhance the character or appearance of the conservation area
  • whether the development would provide satisfactory living conditions for the future occupants having regard to privacy, outdoor amenity space, internal floorspace, outlook and noise exposure
  • whether the vehicle and bicycle parking and refuse storage arrangements adequately cater for the development

What decided it

The less than substantial harm to the character and appearance of the conservation area, which could not be outweighed by the limited public benefit of six additional dwellings, combined with inadequate living conditions for future occupants.

The public benefit of six additional dwellings was limited in the context of the District's overall housing supply and could not outweigh the identified less than substantial harm to the conservation area; the conflicts with the development plan meant the material considerations did not indicate the appeal should be decided other than in accordance with it.

Framework references: 11, 205, 207, 208

Plan policies cited: SP7, LPP47, LPP52, LPP53

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.