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Planning appeal decision

Notice upheld9 November 20223268806

140 Benhurst Avenue, Hornchurch, RM12 4QW

Planning appeal 3268806 at 140 Benhurst Avenue, Hornchurch, RM12 4QW (London Borough of Havering) was dismissed on 9 November 2022 by Inspector Fleming D, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of existing and future occupiers and neighbours, having regard to the standard of accommodation, noise and disturbance.

without planning permission, the material change of use of the land from a single dwelling house to two self-contained flats

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Fleming D
Postcode
RM12 4QW

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of existing and future occupiers and neighbours, having regard to the standard of accommodation, noise and disturbance

What decided it

The development fails to meet minimum space standards and creates unacceptable living conditions for occupiers and neighbours through noise and disturbance, contrary to The London Plan Policies D6, GG4, D4 and London Borough of Havering Local Plan Policies 7 and 9.

What the Inspector cited

Development plan policies
The London Plan Policy GG4The London Plan Policy D4The London Plan Policy D6The London Plan Policy H2The London Plan Policy H10London Borough of Havering Local Plan Policy 7London Borough of Havering Local Plan Policy 9London Borough of Havering Local Plan Policy 23London Borough of Havering Local Plan Policy 26London Borough of Havering Local Plan Policy 27London Borough of Havering Local Plan Policy 35The London Plan Policy D1The London Plan Policy D5The London Plan Policy T5The London Plan Policy T6

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in London Borough of Havering

The authority’s record since 2016 · every decision in 2022

  1. Dismissed27 May 20266003548
    37 Wigton Road, Romford, Essex, RM3 9HB
  2. Notice varied and upheld22 May 20263351504
    159-161 Billet Lane, Hornchurch , RM11 1UR
  3. Dismissed21 May 20266003382
    Rear of 73 Front Lane, Upminster, RM14 1XL
  4. Dismissed18 May 20266002795
    41, Cross Road, Mawneys, Romford, RM7 8AU
  5. Allowed15 May 20266005087
    Land to the Rear of 55-67 Petersfield Avenue, Harold Hill, Romford, Havering, RM3 9PR

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.