®Planning appeal decision
Bower Hall, Western Road, Silver End, Essex, CM8 3SG
the erection of 3 new residential dwellings on land at Bower Hall and the creation of a new site access from Western Road
- Authority
- Braintree District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Grierson E
Main issues, as the Inspector framed them
- the effect of the proposed development on the setting and significance of the grade II listed building, Bowers Hall
- biodiversity
- the character and appearance of the surrounding area
- flood risk on the appeal site or within the local area
What decided it
The less than substantial harm to the setting and significance of the grade II listed building, given considerable weight under the Barnwell Manor judgment, provided a strong reason for refusing the development that outweighed the limited public benefits of the scheme.
The less than substantial harm to the heritage asset, given considerable weight, was not outweighed by the limited public benefits of three additional dwellings and economic and social benefits from construction and occupation, even in the context of a moderate shortfall in housing land supply.
Framework references: 11
Plan policies cited: Policy SP7, Policy LPP47, Policy LPP57, Policy LPP64, Policy SP7, Policy LPP1, Policy LPP35, Policy LPP52, Policy LPP74, Policy LPP75, Policy LPP76
Judgments cited: Barnwell Manor Wind Energy Ltd v East Northants DC, English Heritage, National Trust and SSCLG [2014] EWCA Civ 137; Morge v Hampshire County Council [2011] UKSC 2
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.