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Planning appeal decision

Allowed19 March 20263370631

Land off Bedwell Road, Elsenham, CM22 6JQ

‘outline planning permission for the erection of up to 240 dwellings with public open space, landscaping and sustainable drainage system (SuDS) and vehicular access point. All matters reserved except for means of access’. This

Authority
Uttlesford District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Aston R

Main issues, as the Inspector framed them

  • The effect of the proposal on the living conditions of future occupiers, with particular regard to noise.
  • If conflict with the development plan, when taken as a whole is identified, whether such conflict is outweighed by other material considerations.

What decided it

The tilted balance under paragraph 11(d)(ii) of the Framework was engaged due to the lack of a five-year housing land supply and out-of-date policies, and the very significant benefits of housing and affordable housing delivery were not significantly and demonstrably outweighed by the identified limited to moderate harms.

The limited to moderate adverse impacts (including limited noise harm to future occupiers) were weighed against benefits that weighed heavily in favour, chiefly the very significant benefit of market and affordable housing delivery, and the Inspector concluded the adverse impacts did not significantly and demonstrably outweigh the benefits, so the tilted balance favoured allowing the appeal despite conflict with the development plan as a whole.

Framework references: 11, 49, 58, 66, 84, 91, 110, 115, 129, 135, 139

Plan policies cited: Policy H1, Policy S3, Policy S7, Policy ENV10, Policy GEN2, Policy GEN6, Policy ENV7, Policy H9

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.