Emery Planning have secured planning permission for a large residential development in Braintree, Essex in a context of restrictive planning policies and a recently adopted Neighbourhood Plan. The permission is part of a number or retail, leisure and now residential development proposals and ongoing Local Plan promotions carried out on behalf of our client, the Williams Group, in this area.

Emery Planning was appointed to progress an appeal with the Planning Inspectorate for a residential development to the edge of Braintree, Essex for the erection for up to 250 dwellings. The case was heard at a virtual Inquiry in November 2020 with the our case being led by Paul Tucker QC. The site is beyond the identified settlement boundary for Braintree and within the designated Open Countryside. The Cressing Neighbourhood Plan, adopted in 2020, also identified the site as being within an Open Countryside Buffer Area intended to maintain a sense of separation between Braintree and the village of Tye Green. Planning permission had been refused by the Council on the basis of locational policies, adverse impact on the character and appearance of the countryside, conflict with the neighbourhood plan, the loss of best and most versatile agricultural land and adverse living conditions for future occupiers. Although it was acknowledged that the development would be contrary to the development plan, the Inspector agreed that the benefits arising, including the delivery of open-market and affordable houses, justified the grant of planning permission. The appeal was therefore allowed through the Inspector carrying out the balancing exercise advanced through our appeal case.

The permission brings into focus the importance of the delivery of much needed housing where the Council could not demonstrate a 5 year supply of housing set against a very recently adopted neighbourhood plan that otherwise sought to limit development within the Neighbourhood Plan Area, and in the context of continuing doubt around how planning policy will address the future strategic development needs of North Essex and Braintree in particular.