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Dismissed31 January 20233297864

164 Mawney Road, London, RM7 7BE

Planning appeal 3297864 at 164 Mawney Road, London, RM7 7BE (London Borough of Havering) was dismissed on 31 January 2023 by Inspector McGlone A, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the living conditions of 160 and 162 Mawney Road, with regards to overlooking/privacy, and sunlight.

the demolition of existing buildings and redevelopment of the site to provide ground floor commercial space (Class E Shop, Class E restaurant or cafe, Class E office, Class E gym, Class E medical) and residential units within a part 3, part 4, and part 5 storey building with associated parking, private and communal space, cycle storage, secure bike store, refuse space and public realm improvements

Appeal type
major · Planning Appeal
Procedure
Written Representations
Development
residential · Major dwellings
Inspector
McGlone A
Postcode
RM7 7BE

Main issues, as the Inspector framed them

  • the effect of the proposed development on the living conditions of 160 and 162 Mawney Road, with regards to overlooking/privacy, and sunlight
  • the effect of the proposed parking, delivery and refuse collection arrangements on highway safety on Mawney Road, at the junction of Mawney Road and the A12 and the wider locality
  • whether the proposed development makes adequate provision in respect of a zero carbon contribution, a training and recruitment scheme and affordable housing

What decided it

The unacceptable loss of privacy to neighbouring occupants from elevated balconies and terraces, combined with unmitigated highway safety impacts and the absence of a signed legal agreement to secure required financial contributions, meant the adverse impacts significantly and demonstrably outweighed the housing and economic benefits.

The tilted balance under Framework paragraph 11d) was applied; the benefits of housing delivery, employment space, economic activity and improved character were outweighed by significant harm to neighbouring living conditions, unmitigated highway safety impacts, and failure to secure affordable housing and other required contributions.

What the Inspector cited

Development plan policies
Local Plan Policy 7Local Plan Policy 23Local Plan Policy 24Local Plan Policy 4Local Plan Policy 22Local Plan Policy 33Local Plan Policy 36London Plan Policy T6London Plan Policy H4London Plan Policy S13
National Planning Policy Framework
Paragraph 11Paragraph 74Paragraph 125

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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The authority’s record since 2016 · every decision in 2023

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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.

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.