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Planning appeal decision

Dismissed2 August 20233309899

land adjacent to , 5 Magnum Close , Rainham , Essex , RM13 9PU

the construction of a terrace of 3-bed houses

Authority
London Borough of Havering
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Naylor R

Main issues, as the Inspector framed them

  • The effect of the proposal on the character and appearance of the surrounding area including the effect on trees
  • Whether future occupiers would have acceptable living conditions with specific regard to outlook and daylight
  • Biodiversity and wildlife habitats
  • Highway safety

What decided it

The substantial and cumulative harms to character and appearance (particularly regarding trees), living conditions for future occupiers, biodiversity, and highway safety significantly and demonstrably outweigh the benefits of providing three new dwellings, even when applying the tilted balance under paragraph 11(d)(ii) of the Framework due to the Council's inability to demonstrate a five-year housing land supply.

The benefits of providing three new dwellings and associated environmental, economic and social benefits were given significant weight, but the substantial harms to character and appearance, living conditions, biodiversity and highway safety significantly and demonstrably outweighed these benefits when assessed against the Framework policies taken as a whole.

Framework references: 11, 110, 111

Plan policies cited: London Plan Policy G6, London Plan Policy G7, London Plan Policy D6, London Plan Policy D11, London Plan Policy T2, London Plan Policy T4, London Plan Policy D5, Havering Local Plan Policy 7, Havering Local Plan Policy 10, Havering Local Plan Policy 26, Havering Local Plan Policy 27, Havering Local Plan Policy 23, Havering Local Plan Policy 24

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.