Public inquiry for Land between Braintree Road and Long Green, Cressing

Appeal decision

The Planning Inspectorate allowed the appeal and granted outline planning permission for up to 265 residential dwellings.

Read the appeal decision document


The inquiry started at 10 am on 17 November 2020.

The inquiry closed on the 25 November 2020. 

The Planning Inspectorate received an appeal against a planning application submitted relating to a site at Land between Braintree Road and Long Green, Cressing.

The appeal is for a residential development of up to 250 dwellings, with all matters reserved except access. Begin Braintree Ltd made the appeal under Section 78(2)(a) of the Town and Country Planning Act 1990.

The Secretary of State appointed a Planning Inspector to deal with the Inquiry.

The Planning Inspector ran the inquiry in the normal way, but due to Coronavirus was held as a virtual event.

Planning Inspectorate contact details

Make sure you include the Planning Inspectorate Reference when emailing the Planning inspector

  • Planning Inspectorate Reference: APP/Z1510/W/20/3253661
  • Planning Inspectorate Case Officer: Kerr Brown. 
  • Email [email protected]
  • Telephone: 0303 444 5243

Inquiry documents

We added any documents we received during the inquiry to our document library.

A. Inquiry documents

B. Planning Policy and Material Considerations

B1 Braintree District Core Strategy

B2 Braintree District Local Plan Review

B3 A. Braintree District Local Plan Review Inset Map - Cressing (Tye Green) 20

B3 B. Braintree District Local Plan Review Inset Map - Braintree & Bocking 1

B4 Cressing Neighbourhood Plan

B5 Cressing Neighbourhood Plan Examiner's Report

B6 Cressing Housing Needs Assessment 2019 (AECOM)

B7 A. Cressing Housing Strategy Report 2018 (DAC Planning)

B7 B. Cressing Housing Sites Assessment (DAC Planning)

B8 Coalescence between Cressing Parish and the town of Braintree Report (DAC Planning)

B9 A. Braintree District Settlement Fringes–Evaluation of Landscape Capacity Analysis for Braintree and Environs 2015

B9 B. Braintree District Settlement Fringes–Evaluation of Landscape Capacity Analysis for Braintree and Environs 2015 Figures

B10 Braintree Landscape Character Assessment (September 2006)

B11 Publication Draft Local Plan Section 1

B12 Publication Draft Local Plan Section 2

B13 Publication Draft Local Plan Section 2: Braintree Policies Map

B14 Local Plan Inspector’s Post-Hearing Letter to the North Essex Authorities (May 2020)

B15 Publication Draft Local Plan Section 1 Main Modifications Schedule (August 2020)

B16 Emery Planning Representations (October 2020): Publication Draft Local Plan Section 1 Main Modifications Schedule Consultation

B17 Local Plan Inspector’s letter inviting comments on implications of the 2018 based household projections for the housing requirements in the Section 1 Local Plan (September 2020)

B18 Emery Planning Representations (October 2020): Publication Draft Local Plan Section 1 Consultation on the implications of the 2018-based household projections

B19 National Design Guide

B20 CIHT Planning for Walking

B21 BDC Essex Coast Recreational Disturbance, Avoidance and Mitigation Strategy (Habitat Regulations) SPD

B22 BDC Open Space SPD November 2009

B23 BDC Public Open Space Contributions Formula 2020

B24 BDC Open Spaces Action Plan 2020

B25 BDC Habitat Regulations Appropriate Assessment

B26 Noise Policy Statement for England (NPSE) 2010

B27 ProPG: Planning & Noise Professional Practice Guidance on Planning & Noise 2017

B28 Essex and Southend-on-Sea Waste Local Plan 2017 (WLP) – Policy 2

B29 British Standard 8233: 2014 Guidance on sound insultation and noise reduction for buildings

B30 British Standard 4142: 2014 + A1: 2019 Methods for rating and assessing industrial and commercial sound

B31 Guidance on the Assessment of Odour for Planning v1.1 June 2018 (IAQM)

B32 Environment Agency: Additional Guidance for H4 Odour Management (March 2011)

B33 CIWEM Policy Position Statement on the Control of Odour (September 2012)

B34 Planning Practice Guidance for Noise

B35 Noise Exposure Hierarchy

B36 Acoustics Ventilation and Overheating Residential Design Guide

B37 Planning permission ESS/03/17/BTE (Braintree Waste Transfer Station): MLM transport report in connection with 03 17 BTE ECC application

B38 Planning permission ESS/03/17/BTE (Braintree Waste Transfer Station): MLM noise report in connection with 03 17 BTE ECC application

B39 Decision Notice: Planning Permission ESS/02/19/BTE - 20th December 2019 (Braintree Waste Transfer Station)

B40 Planning permission ESS/02/19/BTE (Braintree Waste Transfer Station): MLM Consulting Ltd, Odour Impact Assessment (Update), DG/72440/AC, 26th April 2019

B41 Planning permission ESS/02/19/BTE (Braintree Waste Transfer Station): MLM Consulting Ltd, Detailed Odour Impact Assessment (including Monitoring Results), dated 4th November 2019

B42 Planning permission ESS/02/19/BTE (Braintree Waste Transfer Station): Consultee response: Jacobs dated 29.11.19

B43 A. Environmental Permit ECC / Veolia EPR/CB3305UE 22 December 2014 (inc. Standard Rules)

B43 B. Partial Surrender Notice

B43 C. Standard Rules

B44 Environmental Permit BDC EAWML 70381

B45 Braintree Council Spatial Strategy Formulation Report 2017

B46 Officer report: Planning permission ESS/02/19/BTE (Braintree Waste Transfer Station)

B47 SRA & HRA Screening Report March 2019

C. Planning application documents, plans and consultee comments

C1 Application form and ownership certificate

C2 Location Plan (17699-P01 Rev 05)

C3 Indicative Site Layout Plan (Outline Site Layout (17699-0010-02)

C4 Planning Statement (Emery Planning)

C5 Design and Access Statement (Corstorphine & Wright)

C6 Odour Impact Assessment by Smith Grant (August 2019)

C7 Technical Note by Smith Grant (November 2019)

C8 Flood Risk Assessment and Surface Water Drainage Strategy (RSK)

C9 Transport Assessment (Connect Consultants)

C10 Statement of Community Involvement (BECA

C11 Noise Assessment (RSK)

C12 Commercial/Industrial Noise Impact Assessment (Hepworth Acoustics – September 2020)

C13 Review of Noise Report and Outline Noise Mitigation (Hepworth Acoustics - November 2019)

C14 Phase 1 Desk Study (Pam Brown Associates)

C15 Air Quality Assessment (RSK)

C16 Lighting Impact Assessment (RSK)

C17 Ecology Assessment (Avian Ecology)

C18 Bat Survey Report (Avian Ecology)

C19 Ecology Response to Essex County Council (July 2019)

C20 Information to Inform a Habitats Regulations Assessment by Avian Ecology dated (November 2019)

C21 Tree Survey (BJ Unwin Forestry)

C22 Archaeological Assessment (Heritage Network)

C23 Phase 1 Desk Study (Pam Brown Associates)

C24 Landscape and Visual Impact Assessment (Andrew Davis Partnership) (March 2018)

C25 Updated Landscape and Visual Impact Assessment (Andrew David Partnership) (Submitted to the LPA August 2019)

C26 Report on Landscape Impact of the Proposed Residential Development between Long Green and Braintree Road, Long Green, Cressing (Wynne Williams Associates Ltd) (October 2018)

C27 Consultee comments: Braintree Landscape Officer email dated 31st October 2019

C28

C29 Archaeological Assessment (Heritage Network)

C30 ECC Education Consultee Response dated June 2018

C31 ECC Education Consultee Response dated October 2019

C32 NHS Consultation Response dated 24th May 2018

C33 Letter from the Applicant dated 8th August 2019

C34 Applicant’s Counsel’s Opinion dated 1st August 2019

C35 Landscape Masterplan W2347 MP01

C36 Feasibility Site Layout Plan 17699 0002 01

C37 Proposed Highway Layout Plan 17126 012 A

C38 BDC Public Heath & Housing Team Consultee Comments (June 2018)

C39 BDC Public Health & Housing Team Consultee Comments (November 2019)

C40 Essex County Council (ECC) Mineral & Waste Authority Consultee Comments (April 2019)

C41 Essex County Council (ECC) Mineral & Waste Authority Consultee Comments (October 2019)

C42 Updated Landscape Masterplan Drawing (October 2020 – Plan 11)

C43 Noise levels referred to in Ms Pam Sharp’s evidence (Council EHO)

C44 Graph showing Measured Levels at ‘Location 2’ (Hepworth Acoustics) – Replaces Page 34 of C12

D. Committee Report and Decision Notice

E. Relevant appeal decisions and decisions issued by Braintree District Council

E1 Land off Stone Path Drive, Hatfield Peverel, Braintree (PINS ref: 3162004)

E2 Land East of Gleneagles Way, Hatfield Peverel, Braintree (PINS ref: 3180729)

E3 Land off Audlem Road/Broad Lane, Stapeley, Nantwich (PINS ref: 2197532)

E4 A. Land off School Lane, Rayne, Braintree (PINS ref: 3247020) Location Plan

E4 B. Land off School Lane, Rayne, Braintree (PINS ref: 3247020) Indicative Site Layout Plan

E4 C. Land off School Lane, Rayne, Braintree (PINS ref: 3247020) Appeal Decision

E5 A. Land off Church Street, Bocking, Braintree (PINS ref: 3187374) Location Plan

E5 B. Land off Church Street, Bocking, Braintree (PINS ref: 3187374) Indicative Site Layout Plan

E5 C. Land off Church Street, Bocking, Braintree (PINS ref: 3187374) Appeal Decision

E6 A. Appletree Farm, Polecat Road, Cressing (LPA ref: 18/00920/FUL) Location Plan

E6 B. Appletree Farm, Polecat Road, Cressing (LPA ref: 18/00920/FUL) Approved Site Layout Plan

E6 C. Appletree Farm, Polecat Road, Cressing (LPA ref: 18/00920/FUL) Committee Report

E6 D. Appletree Farm, Polecat Road, Cressing (LPA ref: 18/00920/FUL) Decision Notice

E7 A. Land Between Braintree Road and Mill Lane, Cressing (LPA ref: 16/02144/OUT) Location Plan

E7 B. Land Between Braintree Road and Mill Lane, Cressing (LPA ref: 16/02144/OUT) Indicative Site Layout Plan

E7 C. Land Between Braintree Road and Mill Lane, Cressing (LPA ref: 16/02144/OUT) Committee Report

E7 D. Land Between Braintree Road and Mill Lane, Cressing (LPA ref: 16/02144/OUT) Decision Notice

E8 A. Land East of Mill Lane, Cressing (LPA ref: 16/00397/OUT) Location Plan

E8 B. Land East of Mill Lane, Cressing (LPA ref: 16/00397/OUT) Indicative Site Layout Plan

E8 C. Land East of Mill Lane, Cressing (LPA ref: 16/00397/OUT) Committee Report

E8 D. Land East of Mill Lane, Cressing (LPA ref: 16/00397/OUT) Decision Notice

E8 E. Approved detailed reserved matters plan (LPA ref: 17/01671/REM)

E8 F. Approved apartment plans: Plot nos. 61-72 (LPA ref: 17/01671/REM)

E9 A. Land adjacent to Bakers Lane, Black Notley, Braintree (LPA ref: 16/00605/FUL) Location Plan

E9 B. Land adjacent to Bakers Lane, Black Notley, Braintree (LPA ref: 16/00605/FUL) Approved Site Layout Plan

E9 C. Land adjacent to Bakers Lane, Black Notley, Braintree (LPA ref: 16/00605/FUL) Committee Report

E9 D. Land adjacent to Bakers Lane, Black Notley, Braintree (LPA ref: 16/00605/FUL) Decision Notice

E10 A. Land to the south of Millennium Way, Cressing (LPA ref: 13/01476/FUL) Location Plan

E10 B. Land to the south of Millennium Way, Cressing (LPA ref: 13/01476/FUL) Approved Site Layout Plan

E10 C. Land to the south of Millennium Way, Cressing (LPA ref: 13/01476/FUL) Decision Notice

E10 D. Approved elevation plans

E11 Land at North and South of the Flitch Way, Pods Brook Green, Braintree (PINS ref 3197293)

F. Case Law

G. Other

G1 Essex CC Commission School Places in Essex Report 2017-2022

G2 Essex County Council 10-year Plan: Meeting the Demand for School Places in Essex Report (2020)

G3 Guidelines for Landscape and Visual Impact Assessment, Third Edition 2013 (GLVIA3) Landscape Institute/Institute of Environmental Management and Assessment.

G4 NCA 86, South Suffolk and North Essex Clayland

G5 Extract from Essex Landscape Character Assessment, 2003

G6 Extract from Settlement Fringe Landscape Capacity Analysis for Braintree and Environs (2007) Chris Blanford Associates (CBA)

G7 Map showing the location of Church Street, Bocking (related to CD Ref: E5)

G8 Map showing the three sites granted planning permission in Cressing (related to CD Ref: E6, E7, E8)

G9 MB Figure 13: Visibility Splay Overlay

G10 Site Visit Itinerary

Section 106 Agreement

Letter from Cressing Neighbourhood Plan to BDC - 30 October 2018

Letter from BDC to Cressing Neighbourhood Plan - 05 November 2018

Council's Proofs of Evidence

Appellants' Proofs of Evidence

Representations Received during the Appeal

Opening Submissions

Round Table Session Agendas

Representations Received during the Application

Appeal Documents