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Planning appeal decision

Dismissed15 July 20266005789

Land to the West of Old Mead Lane, Old Mead Lane, Elsenham, CM22 6JJ

the erection of 2no self build and custom dwellings with 2no garages and associated landscaping and biodiversity enhancements

Authority
Uttlesford District Council
Appeal type
Planning
Procedure
Written
Development
residential
Postcode
CM22 6JJ

Main issues, as the Inspector framed them

  • whether the proposed development would satisfy the requirements of the statutory framework for biodiversity net gain
  • whether the proposed development is in a suitable location for housing having regard to the relevant development plan policies
  • the effect of the proposed development on the character and appearance of the site and its surroundings
  • the effect of the proposal on highway safety and users of public footpaths

What decided it

The failure to secure a mechanism to ensure the dwellings would be self-build homes, resulting in non-compliance with the statutory biodiversity net gain requirements, combined with the unsustainable location in open countryside contrary to the development plan, outweighed the limited housing benefits in the planning balance.

The positive contribution to housing supply and associated social and economic benefits were outweighed by the conflict with development plan policies requiring sustainable locations and the significant weight attaching to the failure to comply with statutory biodiversity net gain provisions.

Framework references: 11, 57, 109, 116, 135, 187

Plan policies cited: Core Policy 3, Development Policy 1, Core Policy 27, Core Policies 41 and 52

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.