Case 3271136

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG

Chelmsford Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
3 December 2021
Authority
Chelmsford Borough Council
Inspector
Pannell G
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
C&B Homes
Agent
KVD Plans Ltd
LPA reference
21/00065/FUL
ONS LPA code
E07000070
Jurisdiction
Transferred
Link status
Not Linked
Start date
23 July 2021

Summary AI

The appeal was dismissed due to the proposed development's impact on the character and appearance of the area. The development would result in a cramped form of development and be out of character with the surrounding area. The inspector gave limited weight to a previous planning permission due to its age and lack of relevance to the current proposal.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG — Chelmsford Borough Council — Appeal Decision Site visit made on 8 November 2021 by G Pannell BSc (Hons) MA MRTPI an Inspector appointed by the Secretary of State Decision date: 3rd December 2021 Appeal Ref: APP/W1525/W/21/3271136 Land West Of Le Corbiere, Main Road, Boreham, Chelmsford, CM3 3JG • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by C&B Homes Ltd against the decision of Chelmsford City Council. • The application Ref 21/00065/FUL, dated 14 January 2021, was refused by notice dated 11 March 2021. • The development proposed is erection of three bedroom detached house. Decision 1. The appeal is dismissed. Preliminary Matters 2. Following the Council’s decision, the National Planning Policy Framework (the Framework) was revised on 20 July 2021. The Council and appellant have had an opportunity to comment on the implications of these changes through their submissions. Main Issue 3. The main issue is the effect of the proposed dwelling on the character and appearance of the area. Reasons 4. The appeal site comprises a strip of land which runs parallel to Dudley Close and has a frontage onto Main Road.

Page 1 · Chunk 1 Appeal Decision

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG — Chelmsford Borough Council — Appeal Decision The area is characterised by a mix of semi- detached, detached and terraced dwellings and is predominately residential in character. The dwellings within the vicinity of the appeal site comprise both a loose linear pattern of development fronting Main Road and then cul-de-sacs off Main Road being arranged in a more organic form. However, there is a consistency to the scale of the built form which contributes to the pleasant suburban character. 5. The appeal site provides a degree of spacing between the development facing Main Road and the development in Dudley Close. The proposed dwelling, due to the relatively narrow width of the plot, would be sited close to the side elevation of Le Corbiere. The development would result in an increase in the density of development within the locality and would lead to a cramped form of development. In addition, as a result of the width of the plot, the proposed dwelling would have a narrow frontage which would be both out of character and harmful to the overall appearance of the area. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG — Chelmsford Borough Council — Appeal Decision Appeal Decision APP/W1525/W/21/3271136 6. I have taken into account the previous planning permission on the site for a dwelling, which was approved in 2012, (12/01028/FUL). Whilst no plans have been submitted of this scheme, the evidence before me indicates that this permission included a dwelling which was 2 bedrooms and had a maximum ridge height of 7.2m which is not the same as the development before me. 7. Furthermore, I have not been provided with any evidence to indicate that this consent is extant or remains capable of implementation. In addition, having regard to the age of the decision, which predates both the Framework and the recently adopted Local Plan, I have given it limited weight, such that it has not altered my overall decision. 8. I therefore conclude that the proposed development would introduce a discordant built form to the locality that would be out of keeping with and harm the character and appearance of the surrounding area. This would be contrary to policy DM23 of the Chelmsford Local Plan 2020 which requires development to respect the character and appearance of the area, having regard to scale, siting and form. Other Matters 9.

Page 2 · Chunk 3 Appeal Decision

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG — Chelmsford Borough Council — Appeal Decision It would appear that the appeal site falls within a ‘Zone of influence’ for a designated site. Natural England has provided revised advice regarding the need to ensure that new residential development and any associated recreational disturbance impacts on designated sites are compliant with the Habitats Regulations. As the competent decision making authority, if I had been minded to allow the appeal it would have been necessary for me to complete an Appropriate Assessment for this scheme. However, as I am dismissing the appeal for other reasons, I have not taken the matter further. Conclusion 10. For the reasons given above, the proposal would therefore conflict with the development plan and there are no other considerations, including the Framework, that outweigh this conflict. Therefore, I conclude that the appeal should be dismissed.

Page 2 · Chunk 4 G Pannell

Land West Of Le Corbiere , Main Road , Boreham Chelmsford, Essex, CM3 3JG — Chelmsford Borough Council — G Pannell INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Character and appearance
Against appellant
¶4-8

The proposed development would introduce a discordant built form to the locality that would be out of keeping with and harm the character and appearance of the surrounding area. The development would result in an increase in the density of development within the locality and would lead to a cramped form of development.

Policies relied on

Reference Weight
Local Plan DM23
Determinative

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 3 December 2021 under the Open Government Licence.