®Planning appeal decision
Land East of Pear Trees, Brick End, Broxted, Essex, CM6 2BJ
Planning appeal 3338824 at Land East of Pear Trees, Brick End, Broxted, Essex, CM6 2BJ (Uttlesford District Council) was dismissed on 17 January 2025 by Inspector Lo S, by written representations. The main issue, as the Inspector framed it: The effect of the proposed development on the special architectural or historic interest of the Grade II listed 'Peartrees' and the Grade II listed 'The Flying Rat', particularly in terms of how these buildings are experienced within their settings.
the new development of no.3. new dwellings
- Authority
- Uttlesford District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Lo S
- Postcode
- CM6 2BJ
Main issues, as the Inspector framed them
- The effect of the proposed development on the special architectural or historic interest of the Grade II listed 'Peartrees' and the Grade II listed 'The Flying Rat', particularly in terms of how these buildings are experienced within their settings
What decided it
The harm to the setting of the Grade II listed buildings, assessed as less than substantial but not outweighed by the modest public benefits, combined with the heritage protection exception to the tilted balance under NPPF paragraph 11(d)(i), provided the decisive reason for dismissal.
The tilted balance under NPPF paragraph 11 was engaged due to the Council's inability to demonstrate a five-year housing land supply, but the harm to designated heritage assets (listed buildings) provided a strong reason for refusal under paragraph 11(d)(i), such that the presumption in favour of granting permission did not apply; the modest benefits of three dwellings and economic uplift did not outweigh the less than substantial harm to the setting of the listed buildings.
What the Inspector cited
- Development plan policies
- Policy ENV2
- National Planning Policy Framework
- Paragraph 11
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.