®Planning appeal decision
30 Edies Lane, Leavenheath, Colchester, Suffolk, CO6 4PA
- Authority
- Babergh District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Hitchcock R
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.
Plan policies cited: Policy SP03, Policy LP03, Policy LP21, Policy LP02, Policy LP16
Judgments cited: 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
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.