St Osyth Priory The Bury St Osyth Clacton On Sea Essex CO16 8NZ

Application Details

Applicant & Agent

Planning Application Dates

Planning Decision

Why it was refused

1. 1.Section 66(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a statutory duty on the Local Planning Authority to have special regard to the desirability of preserving a listed building or its setting or any features of special architectural or historic interest. Section 72(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990 imposes a statutory duty on the Local Planning Authority to pay special attention to the desirability of preserving or enhancing the character or appearance of a conservation area. Paragraph 215 of the National Planning Policy Framework 2024 (NPPF) confirms 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. Paragraph 202 of the NPPF states that heritage assets are an irreplaceable resource and should be conserved in a manner appropriate to their significance, so that they can be enjoyed for their contribution to the quality of life of existing and future generations. Paragraph 219 of the NPPF goes on to ask local planning authorities to look for opportunities for new development within Conservation Areas and within the setting of heritage assets, to enhance or better reveal their significance. It states, "proposals that preserve those elements of the setting that make a positive contribution to the asset (or which better reveal its significance) should be treated favourably". Adopted Policy PPL8 confirms new development within a designated Conservation Area, or which affects its setting, will only be permitted where it has regard to the desirability of preserving or enhancing the special character and appearance of the area. Policy PPL9 26/00349/FUL adds that proposals for new development affecting a listed building or its setting will only be permitted where they will protect its special architectural or historic interest, its character, appearance and fabric. The application site is designated as a Scheduled Monument due to its exceptional historic and architectural interest and hosts several highly graded Listed Buildings which have group value. The site also falls within the St Osyth Conservation Area. The proposed formalisation of a car park at this location would establish visual harm to the significance of the Gatehouse and Priory complex through development within its setting. As such, the scheme fails to preserve or enhance the contribution made by the setting to the special interest of the listed buildings and the character and appearance of the Conservation Area, resulting in a level of less than substantial harm. On this occasion, the public benefits of the proposal are not considered to outweigh this level of harm, and accordingly the proposal fails to accord with the above local and national planning policies.

From the council's decision notice.

Publicity

Appeal

Additional Information