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Planning appeal decision

Dismissed4 March 20223280125

68 Chigwell Road, LONDON, E18 1NN

retrospective planning application for sub-division of flats to form ground floor flat and first floor maisonette

Authority
London Borough of Redbridge
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bell-Williamson J

Main issues, as the Inspector framed them

  • whether the ground floor flat provides adequate living conditions for its occupiers, with regard to outlook and privacy
  • the effect of the residential use on parking
  • whether adequate amenity space is provided for the occupiers of the ground floor flat
  • whether the proposal makes adequate provision towards the mitigation of likely significant effects on the Epping Forest Special Area of Conservation (SAC)

What decided it

The failure to secure adequate provision for mitigation of likely significant effects on the Epping Forest Special Area of Conservation through a formal planning obligation meant the presumption in favour of sustainable development did not apply, and the conflicts with development plan policies on amenity space and European site protection could not be outweighed.

The benefits of providing additional housing were outweighed by the failure to secure mitigation for the Epping Forest SAC and the inadequacy of the amenity space provision in terms of quality and functionality.

Framework references: 2, 11, 182

Plan policies cited: Policy D6 of The London Plan 2021, Policy LP26 of the Redbridge Local Plan 2015-2030 (2018), Policy LP29 of the Redbridge Local Plan 2015-2030 (2018), Policy LP23 of the Redbridge Local Plan 2015-2030 (2018), Policy T6 of The London Plan 2021, Policy LP39 of the Redbridge Local Plan 2015-2030 (2018)

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.