®Planning appeal decision
The Old Oyster Shed, Coast Road, West Mersea, Essex, CO5 8PA
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
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).
Framework references: 11, 57, 78, 176, 181, 215
Plan policies cited: Policy WM13, Policy WM1, Policy SP1, Policy SP3, Policy SG1, Policy SG2, Policy SS12B, Policy ENV2, Policy DM23
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.