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Dismissed20 September 20243340735

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

Planning appeal 3340735 at Scarletts Quality Plants, Nayland Road, West Bergholt, Colchester, CO6 3DQ (Colchester Borough Council) was dismissed on 20 September 2024 by Inspector Pannell G, following a hearing. The main issue, as the Inspector framed it: whether the site represents an appropriate location for the proposed dwellings, having regard to the council's spatial strategy.

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
Postcode
CO6 3DQ

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

What the Inspector cited

Development plan policies
Policy SP3Policy SG1Policy PP9Policy OV2Policy DM10Policy SP7Policy DM15Policy DM21Policy TA1Policy DM6Policy SG4Policy DM8Policy SP6Policy SG7
National Planning Policy Framework
Paragraph 84Paragraph 83Paragraph 65
Judgments
Braintree District Council v SSCLG, Greyread Ltd & Granville Developments Ltd [2017] EWHC 2743 (Admin); [2018] EWCA Civ 610

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 applied

The decision letter

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More decisions in Colchester City Council

The authority’s record since 2016 · every decision in 2024

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  3. Dismissed29 June 20266005813
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.