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Planning appeal decision

Dismissed13 June 20243330149

91 Briscoe Road, Rainham, RM13 9QG

rear two bed bungalow for the elderly with detached single garage without complying with conditions attached to planning permission Ref P1632.11, dated 19 December 2011

Authority
London Borough of Havering
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Bartlett R

Main issues, as the Inspector framed them

  • Whether condition 2 can be varied having regard to the Act and other material considerations, including the Finney Judgement
  • If so whether the variation of condition 2 and the removal of condition 9 would be acceptable having regard to the character and appearance of the area and the effect on living conditions of occupiers of neighbouring dwellings

What decided it

The proposed amended plans describe a four-bedroom dormer bungalow which materially conflicts with the original permission description of a two-bedroom bungalow, and section 73 powers do not permit variation of the operative part of a planning permission including its description of development.

Plan policies cited: Policy DC61

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.