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Planning appeal decision

Dismissed16 March 20266002657

The Grange, 33 Lyons Hall Road, Braintree, Essex, CM7 9SG

demolition of existing buildings and the erection of 9 residential dwellings with associated access, landscaping and infrastructure

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

Main issues, as the Inspector framed them

  • Whether or not the site would provide a suitable location for housing having regard to relevant development plan policies and its location in countryside
  • Whether or not living conditions for future occupiers of Plots 7, 8 and 9 would be acceptable with particular regard to light
  • The effect of the proposal on the character and appearance of the area
  • The effect of the proposal on protected species and priority habitat
  • Whether or not the proposal would make adequate provision for waste storage and collection
  • Whether or not the proposal would make adequate provision for drainage
  • The effect of the proposal on European designated and Ramsar sites

What decided it

The cumulative adverse impacts on character and appearance, living conditions, protected species and priority habitat, and waste collection arrangements, when weighed against the limited housing benefit and other benefits, significantly and demonstrably outweighed the benefits when assessed against Framework policies as a whole.

The adverse impacts comprising harm to character and appearance, unacceptable living conditions for Plot 8 occupiers, failure to demonstrate adequate mitigation for protected species and priority habitat loss, and inadequate waste collection arrangements, when taken cumulatively, significantly and demonstrably outweighed the benefits of nine dwellings, economic and social benefits, and environmental sustainability measures, such that the presumption in favour of sustainable development did not apply.

Framework references: 11

Plan policies cited: Policy LPP 1, Policy SP 7, Policy LPP 35, Policy LPP 52, Policy LPP 64, Policy LPP 66, Policy LPP 67, Policy LPP 74, Policy LPP 75, Policy LPP 76, Policy SP 2, Policy LPP 72

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.