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Allowed3 October 20233318533

Cock And Magpie Public House, Epping Road, Epping Green, Epping, CM16 6PU

Planning appeal 3318533 at Cock And Magpie Public House, Epping Road, Epping Green, Epping, CM16 6PU (Epping Forest District Council) was allowed on 3 October 2023 by Inspector Dyer I, by written representations. The main issue, as the Inspector framed it: The effect of the proposal on a European Protected Site.

Demolition of an obsolete former public house, change of use of land and re-development to provide 8 new dwelling houses, including ancillary works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Dyer I
Postcode
CM16 6PU

Main issues, as the Inspector framed them

  • The effect of the proposal on a European Protected Site
  • Whether any matters raised by interested persons or any other matters justify refusal of planning permission

What decided it

The provision of appropriate financial contributions towards mitigation of recreational pressures on the European Protected Site through the Unilateral Undertaking, combined with the demonstrated non-viability of the public house as a business, removed the principal obstacles to the grant of outline permission.

The benefits of housing delivery and the removal of an obsolete, non-viable community facility outweighed the identified recreational pressure on the European Protected Site, which was adequately mitigated by the financial contributions secured through the Unilateral Undertaking.

What the Inspector cited

Development plan policies
Policy DM2Policy DM22Policy D4Policy E1Policy DM15Policy DM16Policy DM18Policy DM3Policy DM5Policy SP3Policy DM9Policy T1Policy DM7Policy DM21Policy DM1
National Planning Policy Framework
Paragraph 11Paragraph 16
Judgments
Court of Justice of the European Union ruling on Appropriate Assessment

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.

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The decision letter

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More decisions in Epping Forest District Council

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

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  3. Dismissed26 October 20266008699
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  4. Dismissed23 October 20266013055
    Millers Farm, Epping Road, Roydon, Harlow, CM19 5DD
  5. Dismissed21 October 20266010759
    Spains Hall, Spains Hall Road, Willingale, Ongar, CM5 0QE

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.