Planning appeal decision
10 Parkland Avenue, Upminster, Upminster, RM14 2HA
for erection of a 3-bedroom detached dwelling with associated landscaping, cycle storage, refuse storage and off-street car parking following demolition of an existing double garage
- Authority
- London Borough of Havering
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Kirkaldy J
Main issues, as the Inspector framed them
- whether the proposal makes adequate provision for Biodiversity Net Gain
- the effect of the proposed development on the character and appearance of the area
- the effect of the proposed development on the living conditions of the occupiers of the neighbouring properties at 10 Parkland Avenue and 37 Corbets Avenue, with particular regard to light and outlook
What decided it
The failure to comply with the mandatory Biodiversity Net Gain requirements of Schedule 7A of the Town and Country Planning Act 1990, which could not be overcome by the appellant's unenforceable statement of intent to build a self-build dwelling, attracted significant negative weight that outweighed the modest housing benefits under the tilted balance.
The modest contribution to housing supply and limited social and economic benefits were outweighed by the significant adverse impact of non-compliance with mandatory Biodiversity Net Gain requirements, resulting in the proposal not being sustainable development under the tilted balance test.
Framework references: 11
Plan policies cited: Policy 7, Policy 10, Policy 26
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.
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