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Dismissed8 September 20223278007

17, Brackendale Gardens, Upminster, RM14 3XB

Planning appeal 3278007 at 17, Brackendale Gardens, Upminster, RM14 3XB (London Borough of Havering) was dismissed on 8 September 2022 by Inspector Douglas L, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant an LDC was well-founded, which depends on whether the proposed roof extensions would constitute permitted development by virtue of Article 3(1) and Class B of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended).

a loft conversion with hipped roof to gable roof and rear dormer, new roof tiles, new roof lights to front roof slope, and part garage conversion to form utility

Authority
London Borough of Havering
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Douglas L
Postcode
RM14 3XB

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant an LDC was well-founded, which depends on whether the proposed roof extensions would constitute permitted development by virtue of Article 3(1) and Class B of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended)

What decided it

The appellant failed to demonstrate on the balance of probabilities that the appeal dwelling does not constitute a terrace house, and therefore could not show the proposed development would accord with the 40 cubic metre limitation applicable to terrace houses under Class B of the GPDO.

The decision letter

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More decisions in London Borough of Havering

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

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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.

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