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Dismissed13 June 20243330149

91 Briscoe Road, Rainham, RM13 9QG

Planning appeal 3330149 at 91 Briscoe Road, Rainham, RM13 9QG (London Borough of Havering) was dismissed on 13 June 2024 by Inspector Bartlett R, by written representations. The main issue, as the Inspector framed it: Whether condition 2 can be varied having regard to the Act and other material considerations, including the Finney Judgement.

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
Postcode
RM13 9QG

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.

What the Inspector cited

Development plan policies
Policy DC61

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 London Borough of Havering

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

  1. Dismissed5 August 20263362455
    10 Avenue Road, Harold Wood, Romford, RM3 0SU
  2. Dismissed5 August 20263354668
    145v Turpin Avenue, , Romford, Havering, RM5 2LU
  3. Unknown4 August 20263360523
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  4. Notice varied and upheld4 August 20263360522
    22 Nelmes Crescent, Hornchurch, RM11 2QB
  5. Dismissed4 August 20263359688
    30 Crow Lane, Romford, RM7 0EL

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.