®Planning appeal decision
The Old Oyster Shed, Coast Road, West Mersea, Essex, CO5 8PA
Planning appeal 6004537 at The Old Oyster Shed, Coast Road, West Mersea, Essex, CO5 8PA (Colchester Borough Council) was dismissed on 26 May 2026 by Inspector Phillips A, by written representations. The main issue, as the Inspector framed it: Whether the proposed development having regard to relevant development plan policies cause the loss of a viable employment site.
Change of Use of Restaurant Premises (Class E(b)) to Dwellinghouse
- Authority
- Colchester Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Phillips A
- Postcode
- CO5 8PA
Main issues, as the Inspector framed them
- Whether the proposed development having regard to relevant development plan policies cause the loss of a viable employment site
- Whether the site is a suitable location for the proposal, having regard to policies concerned with development in areas at risk of flooding
- The effect of the proposed development on the character of the Conservation Area
What decided it
The unacceptable flood risk to future residents and the harm to the character of the Conservation Area, combined with the loss of a potentially viable employment site, were not outweighed by the limited public benefit of a single dwelling despite the absence of a five-year housing land supply.
The tilted balance under paragraph 11(d) of the Framework was engaged due to lack of five-year housing supply, but the identified harms to flood risk and heritage significance provided strong reasons for refusal that outweighed the housing benefit, and the proposal failed the first limb of paragraph 11(d)(i).
What the Inspector cited
- Development plan policies
- Policy WM13Policy WM1Policy SP1Policy SP3Policy SG1Policy SG2Policy SS12BPolicy ENV2Policy DM23
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 78Paragraph 176Paragraph 181Paragraph 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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in Colchester City Council
The authority’s record since 2016 · every decision in 2026
- Dismissed19 October 20266009296Land West of Priory Road, Tiptree, Colchester, CO5 0QE
- Allowed8 October 20266009395Land North of Coggeshall Road, Marks Tey, Colchester, CO6 1LT
- Dismissed2 October 202660050147 East Mersea Road, West Mersea, CO5 8SL
- Dismissed2 October 202660050117 East Mersea Road, West Mersea, CO5 8SL
- Allowed24 September 20266009382Land at Colchester Rd, Colchester, CO6 3JX
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.