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Planning appeal decision

Dismissed28 February 20253342115

14 Tycehurst Hill, Loughton, IG10 1BU

Planning appeal 3342115 at 14 Tycehurst Hill, Loughton, IG10 1BU (Epping Forest District Council) was dismissed on 28 February 2025 by Inspector Lancaster K, by written representations. The main issue, as the Inspector framed it: Whether the condition in dispute can be varied through an application under Section 73A of the Town and Country Planning Act 1990.

Part demolition of existing building, two storey side and rear extension with internal alterations, and second floor within roof space, without complying with Condition No. 2 of planning permission EPF/0599/23

Authority
Epping Forest District Council
Appeal type
householder · Planning Appeal
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Lancaster K
Postcode
IG10 1BU

Main issues, as the Inspector framed them

  • Whether the condition in dispute can be varied through an application under Section 73A of the Town and Country Planning Act 1990

What decided it

The extent of demolition and rebuilding undertaken (entire first floor and majority of ground floor) amounts to a replacement dwelling rather than partial demolition as described in the original permission, which constitutes a fundamental change to the operative part of the permission that cannot be varied under Section 73A of the Act.

What the Inspector cited

Judgments
Armstrong v Secretary of State for Levelling-Up, Housing and Communities [2023] EWHC 176; John Leslie Finney vs Welsh Ministers, Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868; Hewlett v Secretary of State for the Environment and Brentwood District Council (1984)

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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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.