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Planning appeal decision

Notice upheld23 March 20233286744

The Land Known As 2 Berther Road (Shish Meze), Hornchurch, RM11 3HS

Planning appeal 3286744 at The Land Known As 2 Berther Road (Shish Meze), Hornchurch, RM11 3HS (London Borough of Havering) was dismissed on 23 March 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: The effect of the front and side extensions on the character and appearance of the area.

without planning permission, operational development in the form of 1) the erection of a front extension, a pergola and enclosure of additional seating area facing Berther Road, 2) the erection of a single storey side extension, and 3) the erection of 4 air source heat pump external housing units on the flank elevation of the building facing No 2a Berther Road at first floor level

Authority
London Borough of Havering
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Hartley D
Postcode
RM11 3HS

Main issues, as the Inspector framed them

  • The effect of the front and side extensions on the character and appearance of the area
  • The effect of the front and side extensions on the living conditions of the occupiers of neighbouring residential properties in respect of noise, disturbance and anti-social behaviour
  • Whether adequate off-street car parking is available for the restaurant use and the effect of the development on on-street car parking demand and the free flow of traffic
  • The effect of the air conditioning units on the character and appearance of the area and the living conditions of the occupiers of nearby dwellings in respect of noise

What decided it

The development caused significant harm to character and appearance, material harm to neighbouring living conditions through noise and disturbance, and unacceptable on-street parking pressures, which could not be adequately controlled by planning condition and were not outweighed by any material considerations.

What the Inspector cited

Development plan policies
Policy 12Policy 26Policy 34Policy 24
National Planning Policy Framework
Paragraph 130Paragraph 111Paragraph 12

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 2023

  1. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  2. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL
  3. Planning permission granted29 July 20263367840
    5A Myrtle Road, Romford, RM3 8XS
  4. Notice upheld25 June 20263358682
    Chalkfields Tomkyns Lane, Upminster, RM14 1TP
  5. Split Decision23 June 20263377437
    Land Ne Side of Church Road, Noak Hill, Romford, Essex, RM4 1LD

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.