Appeal 6004543

The appeal is allowed and planning permission is granted for Application for a dropped kerb (vehicle crossover) to the front of the property to allow safe vehicular access to the front of the house for off-street parking and electric vehicle charging at [site address] in accordance with the terms of the application, Ref 252483, subject to the following conditions:

The development hereby permitted shall begin not later than three years from the date of this decision.

The development hereby permitted shall be carried out in accordance with drawing numbers Location Plan and TQRQM25334211108856.

The Council confirmed the site was adjacent, though outside of, the Conservation Area and provided a copy of the Mill Field Estate Conservation Area Conservation Area Character Statement & [name] ([name]) document.

The main issue is the effect of the proposed development on the character and appearance of the surrounding area, including the Mill Field Conservation Area.

The site is adjacent to the Mill Field Conservation Area. On this basis, I have considered the duties contained in the Planning (Listed Buildings and Conservation Areas) Act 1990 (the Act). The Act contains duties whereby special regard should be given to the preserving or enhancing the character or appearance of the conservation area.

Insofar as is relevant to this appeal, its significance primarily arises where front boundaries survive these emphasises the feeling of enclosure in the street scene and helps define the public and private spaces. The Character Statement states that even modest houses have front gardens and where they survive it creates ‘a strong sense of privacy and clearly delineate public and private space. Where gardens and boundaries have been lost the feeling of enclosure and separation between street and private land is disrupted, harming the character of the area’. This harm by loss of front boundary walls and gardens is referred to several times in the [name].

[address] that is near the site and located within the Conservation Area is a good example of the character and appearance of the Conservation Area, as it has very few driveways and good quality examples of front brick walls and front garden spaces. However, [address] that is predominantly outside of the Conservation Area has many examples of front driveways. On this basis there is a significant material difference between the character and appearance of the Conservation Area and [address]. Given that driveways are a common feature on [address], the proposal would preserve the overall character and appearance of [address].

With the Conservation Area predominantly being separated from the site, the proposed development would have a very limited impact on this heritage asset and would have no harm on its significance. I have also noted the appellant is seeking to provide an electronic vehicle charging point that weighs in favour of the proposal.

I therefore conclude on this matter that the proposal does preserve the street scene of [address] and would not harm the adjacent heritage asset of Mill Field Conservation Area. On this basis the proposal complies with Policy SP7 of Colchester Borough Local Plan 2013-2033 Section 1 2021 and Policies DM13 and DM15 Local Plan 2017-2033 Section 2 2022 that in total seek to preserve and enhance the local character, protect and enhance historical assets, not adversely impact on the character and appearance of the street scene and minimise emissions. The proposal also meets the requirements of the National Planning Policy Framework, specifically chapter 16.

The Council is seeking two conditions, one to ensure no unbound material is used for the proposed vehicular crossover in the interests of highway safety and secondly a pre-commencement soft and hard landscaping condition. From the plans submitted there is no suggestion that the crossover or the parking area would be constructed from an unbound material and that the entirety of the parking area would be block paving. I have also noted that the Council in its [name] comments that it assumes the hard standing for the vehicle parking is being undertaken via permitted development rights. Finally, Essex Highways Authority have not recommended any conditions. Therefore, the suggested conditions by the Council are not considered to be required to make the development acceptable.

Conditions requiring the development is started within a reasonable timeframe and in accordance with the submitted drawings will be added.

The appellant should be aware of the informative requests Essex Highways Authority made in its consultation response dated 20 January 2026.

For the reasons given above the appeal should be allowed.