Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed13 February 20263375959

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

Planning appeal 3375959 at Land to the East of Choats Cottage, Elms Hall Road, Colne Engaine, CO6 2JL (Braintree District Council) was dismissed on 13 February 2026 by Inspector Bowden N, by written representations. The main issue, as the Inspector framed it: whether the site is in a suitable location for the proposed development having regard to its location outside of any defined development boundary.

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
Postcode
CO6 2JL

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.

What the Inspector cited

Development plan policies
Policy SP3Policy LPP1Policy LPP39Policy LPP42Policy SP7Policy LPP35Policy LPP52Policy LPP57Policy LPP64
National Planning Policy Framework
Paragraph 11Paragraph 212Paragraph 215

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

14 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Braintree District Council

The authority’s record since 2016 · every decision in 2026

  1. Dismissed28 October 20266008511
    Rose Cottage Church Road, Terling, CM3 2PH
  2. Dismissed20 October 20266008541
    61 Aparthotel At Kings Road, Halstead, CO9 1HA
  3. Dismissed12 October 20266014774
    Land South of Pen-Lan, Bures, CO8 5DL
  4. Dismissed12 October 20266012749
    9 Kemsley Road, Earls Colne, CO6 2NU
  5. Dismissed9 October 20266006918
    Wards Farm, Gladfen Hall Road, Greenstead Green, CO9 1RN

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.