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Planning appeal decision

Allowed25 January 20243312324

25 Tomswood Road, Epping, IG7 5QP

Planning appeal 3312324 at 25 Tomswood Road, Epping, IG7 5QP (Epping Forest District Council) was allowed on 25 January 2024 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control alleged in the enforcement notice (construction of a dwellinghouse without planning permission) has occurred as alleged (ground b).

Without planning permission, the construction of a dwellinghouse

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Harwood A
Postcode
IG7 5QP

Main issues, as the Inspector framed them

  • Whether the breach of planning control alleged in the enforcement notice (construction of a dwellinghouse without planning permission) has occurred as alleged (ground b)
  • Whether, if the breach has occurred, it constitutes a breach of planning control (ground c)
  • The effect of varying the details showing a different way of completing the development on the living conditions at the neighbouring property No 23 Tomswood Road with respect to light and outlook

What decided it

The enforcement notice alleged construction of a completed dwellinghouse, but the building was unfinished and not weather-tight or viable for occupation, and the 2019 planning permission had been validly commenced through material operations, therefore no breach of planning control had occurred.

What the Inspector cited

Development plan policies
EFLP Policy DM9

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 Epping Forest District Council

The authority’s record since 2016 · every decision in 2024

  1. Planning permission granted24 June 20263340918
    Hainault Hall, Lambourne Road, Chigwell, Essex, IG7 6JU
  2. Notice varied and upheld30 April 20263334233
    Land at Paslow Common Farm, Ingatestone, Essex, CM4 0JZ
  3. Dismissed23 February 20263368397
    47 Roydon Lodge Estate, High Street, Roydon, Harlow, CM19 5EF
  4. Notice varied and upheld8 January 20263335040
    The Mole Trap PH, Tawney Common, Stapleford Tawney Epping, Essex, CM16 7PU
  5. Allowed12 December 20253353579
    The Annex, 2 Holyfield Cottages, Holyfield Road, Waltham Abbey , EN9 2EL

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.