Planning Appeal Win for a Backland Dwelling in Colchester

In 2020, I secured a successful planning appeal against Colchester Borough Council, obtaining Permission in Principle (PiP) for the development of between one and two single-storey dwellings in the rear garden of a West Mersea property.

The Council had refused the application, raising concerns about the principle of residential development in the rear garden, its effect on the character and appearance of the area, and the potential impact on European designated coastal habitats.

The Planning Issue

As planning consultant, I demonstrated that the appeal site fell within the defined settlement boundary of West Mersea and was allocated for predominantly residential use under the Local Development Framework.

The site's location within a rear garden was not, of itself, a reason to refuse permission — I pointed to several examples of similar backland development already established within West Mersea and the immediately surrounding area, creating a varied and diverse pattern of development.

On character and appearance, I showed that the proposal would result in a low-density scheme of between 8.5 and 17 dwellings per hectare, consistent with the general density of the locality. The detailed design and layout would, appropriately, be addressed at the Technical Details Consent stage.

The most significant issue was the effect on European designated sites, including the Essex Estuaries SAC and multiple SPA and Ramsar sites. I secured an Appropriate Assessment and ensured a per-dwelling financial contribution was made to the Essex Coast RAMS, which Natural England confirmed would adequately mitigate the recreational disturbance impacts.

The Planning Inspector agreed with my case and allowed the appeal.

Planning Appeal Advice

If you have a development project and you have received a planning refusal, contact me for practical advice on whether an appeal is the right option and how to proceed.

Andrew Ransome MRTPI Email: andrew@adpltd.co.uk | Tel: 01206 242070

About me

Andrew Ransome is the planning director at ADP and is a chartered member of the RTPI, with over 22 years of town planning experience.

Andrew has extensive experience offering strategic planning solutions to challenging projects in both rural and urban settings. Follow him on Linkedin.

Planning Appeal Successes

Planning Appeal Information