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Planning appeal decision

Dismissed28 November 20253370568

Land Adjacent Waterworks Cottages, Bodmin Close, Kesgrave, Suffolk, IP5 1AX

construction of detached chalet bungalow

Authority
East Suffolk
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Knight A

Main issues, as the Inspector framed them

  • whether the appeal site would be a suitable location for the proposed dwelling, having regard to the development plan
  • the effect of the proposed development on trees
  • the effect of the proposed development on the Stour and Orwell Estuaries and Deben Estuary Special Protection Areas and Ramsar Sites

What decided it

The inability to rule out significant harm to the integrity of the SPA and Ramsar sites due to the absence of a legal agreement to secure the required RAMS mitigation payment provides a strong reason for refusal that engages the Framework's mandatory biodiversity protection requirements.

The modest benefits of one dwelling and economic gains from construction and occupation, together with the site's accessibility to services, were greatly outweighed by the conflicts with the development plan's spatial strategy, the loss of trees important to local character, and the inability to mitigate significant harm to European designated sites.

Framework references: 11, 15

Plan policies cited: Policy SCLP3.3, Policy SCLP5.3, Policy SCLP5.4, Policy SCLP10.1, Policy SCLP10.2, Policy SCLP10.4, Policy SCLP11.1, Policy KE1

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.