Case 3360518

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH

Braintree District Council — appeal dismissed

Outcome
Dismissed
Decision date
17 June 2025
Authority
Braintree District Council
Inspector
Walker C
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr and Mrs Mark and Nicole Moss-Robins
LPA reference
24/01227/FUL
ONS LPA code
E07000067
Jurisdiction
Transferred
Link status
Not Linked
Start date
6 March 2025

Summary AI

The appeal for a replacement dwelling was dismissed due to conflicts with local policies and the proposed design's impact on the character and appearance of the area. The inspector found the design to be overly fussy and dominating, and noted that it would not be in keeping with the local context. No material considerations were found to indicate that the appeal should be decided other than in accordance with the development plan.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision Site visit made on 3 June 2025 by C Walker BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 17th June 2025 Appeal Ref: APP/Z1510/W/25/3360518 Grassels, High Street Green, Sible Hedingham, Essex CO9 3LH • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr Mark & Mrs Nicole Moss-Robins against the decision of Braintree District Council. • The application Ref is 24/01227/FUL. • The development proposed is for a replacement dwelling. Decision 1. The appeal is dismissed. Main Issues 2. The main issues are: • the effect of the proposed development on the character and appearance of the area; and • whether it is necessary to secure the development as a self-build dwelling. Reasons Character and appearance 3. The appeal site, Grassels, is located on the north-eastern side of High Street Green, forming part of a residential ribbon development within the countryside, outlying the village of Sible Hedingham. On the opposite side of the road is open countryside.

Page 1 · Chunk 1 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision Comprising a single storey dwelling, the site is sandwiched between two storey dwellings in a wider plot than its neighbours. The road is gently undulating, rising gently up from the north to the south, with the dwellings sitting elevated to it. 4. On this stretch of road, properties are generally two storey and detached. Typically, the dwellings are of twentieth century construction, of various styles including having simple hipped, pitched and gable roof forms. Aside from the dwelling immediately adjacent, which has a forward projecting gable and a ground floor bay, the majority have relatively simple, flat frontages with single storey porch style additions. There is a mixed material palette comprising render, red bricks, hanging tiles and timber cladding. A commonality of the dwellings is their consistent set back distance from the road and their relatively simple designs and features. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision Appeal Decision APP/Z1510/W/25/3360518 5. The proposed dwelling would be wider than the bungalow it would replace. Its front projecting gables and ground floor bay windows take influence from the adjacent dwelling. However, the adjacent dwelling has only a single forward projecting gable and a single ground floor bay window. This starkly contrasts with the appeal scheme which would boast three gables which protrude into the roof line. Furthermore, the central full height apex window, coupled with the bay windows either side, would provide for a visually confusing, incoherent design. This overly fussy frontage would be at odds with the simpler roof forms and the typically simpler, flatter dwelling frontages on this stretch of the road, which would be made all the more striking from the proposed white render. The combination of the increased width together with the overly complicated design, would result in it appearing dominating in the street scene and out of keeping for its context. This would have a demonstrably harmful effect of the character and appearance of the area. 6. The appellant has drawn my attention to an appeal decision, in Appendix 4 of their statement of case.

Page 2 · Chunk 3 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision This relates to a householder development in Hockley within the jurisdiction of Rochford District Council some 30 plus miles away. In this decision the Inspector referred to the surroundings as ‘uninspiring’ with architecture displaying features that had led to the desire to improve design standards reflected in the development plan policies. The Inspector found the appeal proposal improved the context. 7. However, this finding is in contrast to the appeal before me. Whilst the character and appearance of this area lacks a uniformity in house types, there are commonalities that I have identified. The lack of an architectural trend does not lead me to a finding that the area is uninspiring. I acknowledge that Paragraph 135 of the National Planning Policy Framework (the Framework) guides that development should not prevent or discourage appropriate innovation or change. National Design Guidance also reflects this principle. Indeed, innovation is also encouraged by Policy LPP52 of the Braintree District Local Plan 2013-2033 Section 2 (2022) (Local Plan S2). However, fundamentally it should still be sympathetic to and complement local character, which I find the appeal scheme would not. 8.

Page 2 · Chunk 4 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision For the reasons set out above, the proposal would conflict with Policy SP7 of the Braintree District Local Plan 2013-2033 Section 1 (2021) (Local Plan S1). Amongst other things this expects high standards of urban and architectural design that respond positively to local character and context to preserve and enhance the quality of existing places and their environs. Conflict is also identified in respect of Policies LLP35 and LPP52 of the Local Plan S2. Amongst other things, these policies require that development should relate to the character of the site and its immediate surroundings, as well as the wider locality in terms of the scale, layout, height and massing of buildings and overall elevation design should reflect or enhance the area’s local distinctiveness, in harmony with the character and appearance of the surrounding area. 9. Whilst not cited within the Council’s reason for refusal, I also find that the development conflicts with criterion (b) of Policy LPP37 as the replacement would have a more harmful effect than the original dwelling in terms of its character and design. https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 5 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision Appeal Decision APP/Z1510/W/25/3360518 Self-Build 10. No policy context has been cited within the Council’s second reason for refusal. It asserts that the proposal would not secure the development as a self-build dwelling given the lack of legal mechanism to control this. It has not been clearly articulated by the Council as to why it would be important to secure this development as a self-build dwelling as opposed to a market dwelling, or indeed what the consequences would be of not doing so. 11. In support of their case, an appeal decision1 is referenced relating to two detached dwellings. They point to the Inspectors conclusions that a planning obligation was necessary to secure the appeal dwellings as self-build. However, in that case, the appeal site related to an undeveloped location where policies in the Neighbourhood Plan offered support for self-build or custom dwellings as an exception to the presumption against development in a countryside location. The appeal before me has a very different context as there is no dispute that the principle of a replacement dwelling is acceptable here. Consequently, I do not find this appeal decision to be directly relevant to this appeal and give it limited weight. 12.

Page 3 · Chunk 6 Appeal Decision

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — Appeal Decision The appellant asserts that the only relevance for the need to secure self-build in relation to this appeal is in respect of Biodiversity Net Gain (BNG). However, BNG is not part of the Councils case and therefore I do not need to consider this matter any further. 13. Therefore, based on the evidence before me, I do not find it necessary to secure the development as a self-build dwelling. Conclusion 14. For the reasons set out above, the development conflicts with the development plan as a whole, and there are no material considerations that indicate the appeal should be decided other than in accordance with it. The appeal is therefore dismissed.

Page 3 · Chunk 7 C Walker

Grassels, High Street Green, Sible Hedingham, Essex, CO9 3LH — Braintree District Council — C Walker INSPECTOR 1 APP/Z1510/W/23/3332000 https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶5

The proposed dwelling's design was found to be overly fussy and dominating, and would have a demonstrably harmful effect on the character and appearance of the area. The inspector noted that it would not be in keeping with the local context, and that the area lacks a uniformity in house types but has commonalities that are not reflected in the appeal scheme.

Character and appearance
Against appellant
¶8

The proposal would conflict with Policy SP7 of the Braintree District Local Plan 2013-2033 Section 1 (2021) (Local Plan S1), which expects high standards of urban and architectural design that respond positively to local character and context to preserve and enhance the quality of existing places and their environs.

Character and appearance
Against appellant
¶9

The development conflicts with criterion (b) of Policy LPP37, which considers the character and design of the replacement dwelling, and found that the proposed dwelling would have a more harmful effect than the original dwelling in terms of its character and design.

Other
For appellant
¶13

The inspector did not find it necessary to secure the development as a self-build dwelling, as there was no dispute that the principle of a replacement dwelling was acceptable in the area.

Policies relied on

Reference Weight
Policy SP7 of the Braintree District Local Plan 2013-2033 Section 1 (2021) (Local Plan S1)
Determinative
Policy LPP37
Substantial
Policy LPP52 of the Braintree District Local Plan 2013-2033 Section 2 (2022) (Local Plan S2)
Moderate
Policy LLP35 of the Braintree District Local Plan 2013-2033 Section 2 (2022) (Local Plan S2)
Moderate

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 17 June 2025 under the Open Government Licence.