Black Chapel Black Chapel Lane Great Waltham Dunmow CM6 3PH

1. 1.The Application be REFUSED for the following reasons: - Reason 1 Policy DM13 of the Chelmsford Local Plan states that the impact of any development proposal on the significance of a designated heritage asset or its setting, and the level of any harm, will be considered against any public benefits arising from the proposed development. The Council will preserve Listed Buildings, Conservation Areas, Registered Parks and Gardens and Scheduled Monuments. Policy DM14 of the Chelmsford Local Plan states that proposals will be permitted where they retain the significance of a non-designated heritage asset, including its setting. Where a proposal would result in harm to the significance of a non-designated heritage asset, or its loss, it must demonstrate that the harm or loss is justified through a balanced assessment of the degree of harm and the significance of the asset. The proposal should also show that any harm has been minimised, including through the retention of significant features, high-quality design, and appropriate mitigation measures. The National Planning Policy Framework (NPPF) gives significant weight to good design. Chapter 16 sets out planning principles and guidance in conserving and enhancing the historic environment. Paragraph 215 states that where a development proposal will lead to less than substantial harm to the significance of a designated heritage asset, this harm should be weighed against the public benefits of the proposal including, where appropriate, securing its optimum viable use. The area of hardstanding sits next to a Grade I and a Grade 2* listed building and a protected lane. The extensive area of hardstanding has introduced a stark and harsh feature which erodes the rural character of WEB PBCS090 26/00634/FUL REFULZ the location and results in harm to the setting of the listed buildings and the protected lane. The proposal gives rise to a low level of less than substantial harm to the significance of the designated heritage assets. The hardstanding results in a notable change to a substantial section of Black Chapel lane at its entrance. Consequently, the proposal results in a moderate level of harm to the significance of the non-designated heritage asset. The identified public benefits are not considered sufficient to outweigh the harm identified to the designated heritage assets. Furthermore, the harm to the significance of Black Chapel Lane is not considered to be justified, given the scale of the hardstanding, its erosion of the rural character of the protected lane and the highway safety concerns identified. The proposal is contrary to the requirements of Policy DM13 of the Chelmsford Local Plan, paragraph 215 of the NPPF and Policy DM14 of the Chelmsford Local Plan. Reason 2 Paragraph 116 states that development should only be prevented or refused on highways grounds if there would be an unacceptable impact on highway safety, or the residual cumulative impacts on the road network would be severe. Essex County Council Highway Authority records confirm that part of the application site comprises publicly maintainable highway and that the "private parking area" for which this application seeks permission has been created on highway land. The proposal therefore seeks to retain unauthorised alterations to, and surfacing of, land forming part of the adopted public highway. The Highway Authority has a statutory duty to protect and maintain the highway and to safeguard its principal use as a route for the free and safe passage of all highway users. The unauthorised works undermine this duty. The surfacing works have resulted in statutory undertakers' apparatus within the verge becoming raised and inadequately protected. In addition, unbound material has been used in the surfacing of the highway verge, which is not permitted on the highway. These works create a hazard to highway users and are detrimental to highway safety. The proposal is therefore contrary to the requirements of paragraph 116 of

From the council's decision notice.

Postcode

CM6 3PH

Date validated

15 May 2026