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Planning appeal decision

Dismissed20 September 20243340735

Scarletts Quality Plants, Nayland Road, West Bergholt, COLCHESTER, CO6 3DQ

Outline application for the phased development of up to 12 self-build and custom housebuilding plots with all matters reserved except for

Authority
Colchester Borough Council
Appeal type
major · Planning Appeal
Procedure
Hearing
Development
residential · Major dwellings
Inspector
Pannell G

Main issues, as the Inspector framed them

  • whether the site represents an appropriate location for the proposed dwellings, having regard to the council's spatial strategy
  • the effect of the development on the character and appearance of the area
  • whether the site would provide suitable access to services and facilities, including provision of a footpath
  • whether the proposal would result in the loss of an employment site
  • whether the proposal would make adequate provision for affordable housing, community facilities; sport and recreation and ecological mitigation

What decided it

The harm to the character and appearance of the area arising from the proposed redevelopment, to which considerable weight was given, outweighed the benefits of self-build/custom-build housing delivery.

the considerable weight given to the conflict with the development plan and harm to character and appearance significantly and demonstrably outweighed the significant weight given to self-build/custom-build housing delivery and the moderate weight given to housing and affordable housing benefits

Framework references: 84, 83, 65

Plan policies cited: Policy SP3, Policy SG1, Policy PP9, Policy OV2, Policy DM10, Policy SP7, Policy DM15, Policy DM21, Policy TA1, Policy DM6, Policy SG4, Policy DM8, Policy SP6, Policy SG7

Judgments cited: Braintree District Council v SSCLG, Greyread Ltd & Granville Developments Ltd [2017] EWHC 2743 (Admin); [2018] EWCA Civ 610

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.