4 Kendal Avenue, EPPING, CM16 4PN

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision Site visit made on 1 December 2021 by David Wallis BSc (HONS) PG DipEP MRTPI an Inspector appointed by the Secretary of State Decision date: 8th December 2021 Appeal Ref: APP/J1535/W/21/3270588 4 Kendal Avenue, Epping CM16 4PN • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant planning permission. • The appeal is made by Mr B Virk against the decision of Epping Forest District Council. • The application Ref EPF/2206/19, dated 13 October 2020, was refused by notice dated 8 December 2020. • The development proposed is demolition of the existing detached house and replacement building containing six apartments. Decision 1. The appeal is dismissed. Main Issues 2. The main issues for the appeal are: • the effect of the development upon the character and appearance of the area; and • the effect of the development upon the integrity of the Epping Forest Special Area of Conservation (SAC). Reasons Character and appearance 3. The area surrounding the appeal site is characterised by large dwellings with two and three storey properties standing side-by-side.

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision The residences are stepped into the sloping topography and are generally set back from the public highway by modestly sized front gardens with, in the case of properties on corner plots, a degree of open circulation space and landscaping around them. 4. The appeal site sits on a crossroad junction between Kendal Avenue and Hartland Road, occupying a highly prominent corner plot. It contains a two- storey dwelling recessed modest distances away from both aforementioned highways that, together with the trees around the perimeter, give the appeal site a spacious appearance. This character is extended around the junction, with other planting of significant height and depth visible. 5. The proposal is for a three-storey building to contain six flats. It would be higher than the existing dwelling and would span the full width of the plot, coming to within very close proximity to the Hartland Road boundary to the https://www.gov.uk/planning-inspectorate

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/21/3270588 extent that vegetation would need to be removed from the perimeter. Two large gables featuring full height bay windows at the northern corner of the proposed building would directly address the crossroad junction. 6. I acknowledge efforts to design a bespoke building and maximise the use of the land. However, the proposed building is far greater in footprint, scale and site coverage than the existing building on the appeal site. The extensive span of the building, coupled with the increase in height above the original dwelling, would make for expansive and bulky elevations. The dual gables with projecting bay window walls add significant mass to the building and are features that impose onto this corner plot, particularly since the building would be in closer proximity to Hartland Road than any existing properties. There would be limited opportunity to screen or otherwise reduce the appearance of the dwelling given the reduction in circulation space in front of the gable features. 7. The net result is a building of substantially greater scale and proportions than nearby properties on either Hartland Road or Kendal Avenue.

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision It would go beyond being prominent to become dominant in the street scene, starkly contrasting with the composition of the surrounding built environment. This would create an unsatisfactory relationship to the local area, harmful to the established character and appearance of the locality. 8. Whilst there are other three-storey buildings in the general area, these are not located in such a visually prominent corner position. My attention is drawn to other flatted developments, although these are of much reduced scale compared to the appeal proposal or are conversions, that maintain the prevailing characteristics of the original buildings and therefore the integrity of the street scene. 9. For these reasons, I conclude the proposal would be incongruous and harmful to the character and appearance of the area. The proposal would be contrary to policies DBE1, DBE3 and DEB5 of the Epping Forest Local Plan and Alterations 2006 (the LP), which to seek to secure high-quality and compatible designs. Effect on the SAC 10.

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision In 2018 the Court of Justice of the European Union ruled that the decision maker, when considering the effect that a proposal may have on a European Site1, must consider mitigation within the Framework of an Appropriate Assessment rather than at the screening stage. This responsibility now falls to me within this appeal. 11. The Habitats Regulations require that permission may only be granted after having ascertained that it will not affect the integrity of European sites. 12. The appeal site falls within 6km of the Epping Forest SAC. The site is designated at European level for the diverse species range of flora, fauna and habitats within the Epping Forest. The forest is a large ancient wood-pasture with habitats of high nature conservation value including ancient semi-natural woodland, old grassland plains, wet and dry heathland and scattered wetland. 13. The SAC and its qualifying features are at risk from increases in nitrogen oxide, ammonia and nitrogen deposition, largely emitted by vehicular traffic. 1 Now the National Site Network following withdrawal from the EU https://www.gov.uk/planning-inspectorate 2

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/21/3270588 Proposals for development are likely to generate such traffic and are therefore, either alone or in combination with other schemes, likely to have a significant effect on the quality features of interest of the identified European sites. In addition, an increase in residents would generate additional recreational pressure upon the SAC that could affect its integrity. In such instances, it is incumbent upon me to undertake an Appropriate Assessment. 14. The proposal for 6no. flats would generate traffic movements on the highway with an expected level of emissions. I note the Council maintain an objection due the lack of a Habitats Regulation Assessment. Nonetheless, the appellant has, following Council guidance, submitted a Unilateral Undertaking (UU) pursuant to Section 106 of the Town and Country Planning Act 1990 (as amended). The UU contains the required financial contributions both in respect of the development’s impacts on air quality and mitigating recreational pressure upon the SAC arising from additional residents being active in the vicinity. 15.

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision However, given that I am dismissing the appeal on other grounds I have not had need to examine the content of the UU nor undertake the task of Appropriate Assessment in this instance. Other Matters 16. It is common ground between the main parties that the Council cannot demonstrate a five-year housing land supply, though no exact figure clarifying the shortfall has been provided to the appeal. Therefore, I am directed to paragraph 11(d) of the National Planning Policy Framework (the Framework) in my decision. 17. The proposal would deliver market housing within a location with good access to shops, services, facilities and public transport. These aspects weigh in favour of the development. The proposal could be delivered to the satisfaction of the Highways Authority or without harm to the living conditions of neighbours, although such factors are neutral in the planning balance. 18. In respect of whether the proposal constitutes an efficient and effective reuse of previously developed land, I consider that design and layout key important factors. Whilst the Framework does encourage the reuse of brownfield land, it requires developments to be sympathetic to local character and maintain a strong sense of place.

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision Notwithstanding the changes to the proposals following earlier refused schemes, with my conclusions above, I do not consider the proposal before me is designed to an extent where it can be considered an effective use of land and weight cannot be attributed in this regard. 19. Weighing against the benefits is the identified harm to the character and appearance of the area arising from the design of the development, which fails to reflect local and national design policies. The design policies of the LP are broadly consistent with the objectives of the Framework and can be given full weight as a result. 20. In this instance, I find that the poor design solution is harmful to an extent that it would significantly and demonstrably outweigh the benefits. The proposal would therefore conflict with the Development Plan for the area and there are no material considerations that would outweigh this conflict. https://www.gov.uk/planning-inspectorate 3

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/21/3270588

4 Kendal Avenue, EPPING, CM16 4PN — Epping Forest District Council — INSPECTOR https://www.gov.uk/planning-inspectorate 4