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Planning appeal decision

Dismissed13 February 20263375959

Land to the East of Choats Cottage, Elms Hall Road, Colne Engaine, CO6 2JL

the erection of 1.no dwelling together with associated hardstanding and landscaping

Authority
Braintree District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bowden N

Main issues, as the Inspector framed them

  • whether the site is in a suitable location for the proposed development having regard to its location outside of any defined development boundary
  • the effect of the proposed development on the character and appearance of the area
  • the effect of the proposed development on the setting of nearby heritage assets
  • whether sufficient information has been provided to assess the impact of the proposed development on biodiversity

What decided it

The moderate less-than-substantial harm to the setting of the Grade II listed buildings, to which great weight must be attached under Framework paragraph 212, could not be outweighed by the limited benefits presented.

The less-than-substantial harm to the setting of designated heritage assets was weighed against limited economic, social and environmental benefits and the addition of one dwelling, with the heritage harm outweighing these benefits; the tilted balance exception was engaged due to heritage harm but did not favour the proposal.

Framework references: 11, 212, 215

Plan policies cited: Policy SP3, Policy LPP1, Policy LPP39, Policy LPP42, Policy SP7, Policy LPP35, Policy LPP52, Policy LPP57, Policy LPP64

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.