®Planning appeal decision
Land West of Stanway Western Bypass and South of Church Lane , Stanway, , Colchester, Essex, CO3 8WD
Planning appeal 3339756 at Land West of Stanway Western Bypass and South of Church Lane , Stanway, , Colchester, Essex, CO3 8WD (Colchester Borough Council) was dismissed on 24 September 2024 by Inspector Housden S, following a hearing. The main issue, as the Inspector framed it: Whether or not the appeal site would be a suitable location for the proposal having regard to the development plan policies for the location of new development and the effect on the character and appearance of the area.
Outline Planning Application with all Matters Reserved except Access, for the erection of a 72 Bed Care Home for the Elderly (C2 Use), along with 2.8 ha (7 acres) of New Public Open Space and the diversion of a Public Footpath
- Authority
- Colchester Borough Council
- Appeal type
- major · Planning Appeal
- Procedure
- Hearing
- Development
- community-institutional · Other Major Developments
- Inspector
- Housden S
- Postcode
- CO3 8WD
Main issues, as the Inspector framed them
- Whether or not the appeal site would be a suitable location for the proposal having regard to the development plan policies for the location of new development and the effect on the character and appearance of the area
- Whether or not there is a quantitative and/or qualitative need for C2 accommodation
- The effect of the proposed development on the provision of open space in the area
- Whether or not it would be necessary and reasonable to secure the provision of affordable housing, archaeological investigation, community facilities, sport and recreation, highways improvements, transport and sustainability and health services by means of a planning obligation
What decided it
The loss of 2 hectares of designated public open space, combined with the unresolved transport and sustainability contribution, which together conflicted with the development plan as a whole.
The benefits of meeting care home need, economic benefits, and neutral s106 contributions were outweighed by the significant weight attached to conflict with the development plan arising from the loss of open space and absence of a transport contribution.
What the Inspector cited
- Development plan policies
- LPS1 Policy SP3LPS1 Policy SG3LPS2 Policy SG1LPS2 Policy DM10LPS2 Policy ENV1LPS2 Policy OV2LPS2 Policy DM17LPS2 Policy WC2LPS2 Policy PP1LPS2 Policy DM2LPS2 Policy SG7LPS1 Policy SP6
- National Planning Policy Framework
- Paragraph 63Paragraph 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
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With an account
What an account adds to this decision
More decisions in Colchester City Council
The authority’s record since 2016 · every decision in 2024
- Dismissed19 October 20266009296Land West of Priory Road, Tiptree, Colchester, CO5 0QE
- Allowed8 October 20266009395Land North of Coggeshall Road, Marks Tey, Colchester, CO6 1LT
- Dismissed2 October 202660050147 East Mersea Road, West Mersea, CO5 8SL
- Dismissed2 October 202660050117 East Mersea Road, West Mersea, CO5 8SL
- Allowed24 September 20266009382Land at Colchester Rd, Colchester, CO6 3JX
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.