Smart Planning has successfully won an appeal in Chelmsford for outline planning permission for the erection of three dwellings.

The original planning application was made in outline with all matters of detail, except access, reserved for future determination.

The main issues in relation to the appeal concerned the location of the development and its effect on character and appearance, particularly with regards to a nearby listed building, and a protected Oak Tree at the site.

The Inspector noted that although the site lies outside the Chelmsford settlement boundary, the site is situated within a long ribbon of development with properties located to the north, south and east.

It was concluded that the site “is visually and physically separated from [farmland] by a belt of trees. Consequently, it does not have the character and appearance of open countryside, having a greater affinity with the urban edge which surrounds it on 3 sides”.

The Inspector also stated that the proposal “would not harm the countryside’s intrinsic character and beauty“.

Furthermore, the Inspector found that there would be “no adverse effect on the setting of the listed building” and that the protected tree on the site would also remain unharmed by the proposal.

The appeal was subsequently allowed, and outline permission granted much to the delight of the appellant.

If you have had an application refused and would like to know more about the potential for success at an appeal, contact us today and book into one of our FREE client surgery meetings.

18 March 2019