25 TOMSWOOD ROAD, EPPING, IG7 5QP

Without planning permission, the construction of a dwellinghouse

Authority: Epping Forest District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Harwood A

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.

Plan policies cited: EFLP Policy DM9

Read the decision letter on the Inspectorate’s site

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