AN appeal launched after plans to build 40 homes on a former private school's field in Colchester were rejected has been dismissed.

Charity Eastern Counties Educational Trust applied to Colchester Council for permission to build the new estate on land north west of Oxley Parker Drive in Highwoods.

The site used to be the playing fields of Oxley Parker School but has been vacant and unused since the school closed its doors in 1998.

The land is next to Colchester Rugby Club, off Mill Road, which is being revamped in a mixed used development including hundreds of homes as part of the Northern Gateway development.

Colchester Council's planning officers rejected the proposals as the application failed to provide legal assurances over things like the number of affordable homes and amount of open space.

The land has also been allocated as open space in Colchester Council's Local Plan.

The applicants had argued in their appeal case that the site was not suitable for use as public open space or a playing field.

Inspector Luke Simpson has now dismissed the appeal, backing the council’s case.

On a site visit he determined the grassland was “unmanaged” and not accessible to the public.

He said: “The proposed development would include small areas of open space on-site, but these would be nowhere near equivalent to the amount of open space capable of being accommodated on the appeal site at present.”

Mr Simpson added: “The proposed development would have a harmful impact on the future provision of open space within the local area, with no certainty that suitable alternative and improved provision can be provided locally.”

He ruled the plans would have a “harmful impact” on the provision of open space in the area would conflict with the council’s development plan.

“I recognise that the appellant is a charity which carries out beneficial work elsewhere, but this is not a factor which outweighs the harm which I have identified,” he added.