®Planning appeal decision
Land to Rear of 95 Newland Street, Witham, Essex , CM8 1YZ
Planning appeal 3334698 at Land to Rear of 95 Newland Street, Witham, Essex , CM8 1YZ (Braintree District Council) was dismissed on 23 May 2024 by Inspector Bowden N, by written representations. The main issue, as the Inspector framed it: whether the proposed development would preserve or enhance the character or appearance of the conservation area.
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
- Postcode
- CM8 1YZ
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.
What the Inspector cited
- Development plan policies
- SP7LPP47LPP52LPP53
- National Planning Policy Framework
- Paragraph 11Paragraph 205Paragraph 207Paragraph 208
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.