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Planning appeal decision

Dismissed30 April 20266000610

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.

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.