®Planning appeal decision
Land East of Pear Trees, Brick End, Broxted, Essex, CM6 2BJ
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
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.
Framework references: 11
Plan policies cited: Policy ENV2
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.