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Planning appeal decision

Notice varied and upheld21 April 20263376611

30 Edies Lane, Leavenheath, Colchester, Suffolk, CO6 4PA

Planning appeal 3376611 at 30 Edies Lane, Leavenheath, Colchester, Suffolk, CO6 4PA (Babergh District Council) was allowed in part (a split decision) on 21 April 2026 by Inspector Hitchcock R, following an inquiry. The main issue, as the Inspector framed it: Whether the development alleged in the Notice is consistent with the Council's adopted spatial strategy for new development.

Unauthorised operational development involving the erection of a building and shed, and unauthorised material change of use of land for residential purposes

Authority
Babergh District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Hitchcock R
Postcode
CO6 4PA

Main issues, as the Inspector framed them

  • Whether the development alleged in the Notice is consistent with the Council's adopted spatial strategy for new development
  • The effects of the development on the character and appearance of the locality
  • The effects of the development on nearby residents' living conditions
  • The effects of the development on biodiversity

What decided it

The significant harm to the character and appearance of the countryside outweighed the findings in the appellants' favour on living conditions and biodiversity.

The favourable findings on living conditions and biodiversity did not outweigh the identified harm to the character and appearance of the countryside, so the development conflicted with the development plan as a whole and no other considerations, including the Framework, outweighed that conflict.

What the Inspector cited

Development plan policies
Policy SP03Policy LP03Policy LP21Policy LP02Policy LP16
Judgments
R v Rochester-upon-Medway CC ex parte Hobday [1990] JPL 17; Thurrock BC v SSETR & Holding [2002] EWCA Civ 226; [2002] JPL 1278; HM Attorney-General ex rel Sutcliffe & Rouse & Hughes v Calderdale BC [1983] JPL 310

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

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More decisions in Babergh District Council

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

  1. Dismissed15 July 20263370515
    Grove Solar Farm, Bentley, IP9 2BZ
  2. Notice varied and upheld27 April 20263331675
    Land East of the Brambles, Rockalls Road, Polstead, Suffolk, CO6 5AS
  3. Allowed15 January 20263373903
    7 Gelding Mews, Ipswich, Sproughton, Suffolk, IP8 3FT
  4. Dismissed26 November 20253371685
    21 Cooks Road, Elmswell, Suffolk, IP30 9BX
  5. Dismissed6 November 20253367484
    Land Adjacent Tills Farm Cottages, Hadleigh Road, Polstead, CO10 5JJ

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.