Case 3294288

546-550 Romford Road, LONDON, E12 5AF

London Borough of Newham — appeal dismissed

Outcome
Dismissed
Decision date
28 July 2022
Authority
London Borough of Newham
Inspector
Nilsson A
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Mr B Kalsi
Agent
Planners & Architects
LPA reference
21/03063/PREAB
ONS LPA code
E09000025
Jurisdiction
Transferred
Link status
Not Linked
Start date
30 March 2022

Summary AI

The appeal for a permitted development under Class AB was dismissed due to the building's construction date, which predates the requirement for such development. The inspector's site visit and further evidence confirmed the building's age, rendering the proposal ineligible under the GPDO.

Generated from the decision letter — check against the original before relying on it.

PDF text

Page 1 · Chunk 0 Appeal Decision

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — Appeal Decision Site visit made on 12 July 2022 by A M Nilsson BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 28 July 2022 Appeal Ref: APP/G5750/W/22/3294288 546-550 Romford Road, London E12 5AF • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Schedule 2, Part 20, Class AB of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (the GPDO). • The appeal is made by Mr B Kalsi against the decision of London Borough of Newham. • The application Ref 21/03063/PREAB, dated 28 November 2021, was refused by notice dated 16 February 2022. • The development proposed is the construction of additional floor to provide new dwellings. Decision 1. The appeal is dismissed. Preliminary Matters 2. Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the GPDO), permits development consisting of works for the construction of new

Page 1 · Chunk 1 Appeal Decision

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — Appeal Decision | dwellinghouses immediately above the topmost storey on a terrace building | | --- | | subject to a number of criteria. |

Page 1 · Chunk 2 Appeal Decision

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — Appeal Decision | dwellinghouses immediately above the topmost storey on a terrace building | | --- | | subject to a number of criteria. | subject to a number of criteria. 3. As outlined in paragraph AB.1(a) development is not permitted by Class AB if the building was constructed before 1st July 1948. 4. As detailed within the GPDO, development under Class AB is permitted subject to the condition that before beginning the development, the developer must apply to the local planning authority for prior approval as to, amongst other things, the transport and highways impacts of the development and the external appearance of the building, including the design and architectural features of the principal elevation. Main Issues 5. The main issues are; • Whether the proposed development satisfies the requirements of the GPDO with regard to being permitted development under the above Order; • If so, whether prior approval should be given, having particular regard to the resulting external appearance of the building and the transport and highways impacts of the development. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 3 Appeal Decision

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — Appeal Decision Appeal Decision APP/G5750/W/22/3294288 Reasons Whether or not permitted development 6. Development is not permitted by Class AB if the building was constructed before 1st July 1948. Despite the application form and the delegated report indicating that the building onto which the extension is proposed was constructed after 1st July 1948, following my site visit, due to its architectural style, form and siting, I had reason to consider that the appeal property was constructed prior to 1st July 1948. 7. The appellant subsequently confirmed that the appeal property was constructed prior to 1948. 8. This being the case, the proposed development is not permitted under Class AB and is not therefore permitted development. External appearance of the building 9. Since I have concluded that the appeal proposal is not development permitted under Class AB, it is not now necessary to consider this further. Transport and highways impacts 10. Since I have concluded that the appeal proposal is not development permitted under Class AB, it is not now necessary to consider this further. Conclusion 11.

Page 2 · Chunk 4 Appeal Decision

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — Appeal Decision By virtue of paragraph AB.1(a) the proposal fails to satisfy the requirements of The Town and Country Planning (General Permitted Development) (England) Order 2015 with regard to being permitted development under Class AB. The proposal is therefore not permitted development. 12. For the reasons given above, and having had regard to all other matters raised, the appeal is dismissed.

Page 2 · Chunk 5 A M Nilsson

546-550 Romford Road, LONDON, E12 5AF — London Borough of Newham — A M Nilsson INSPECTOR https://www.gov.uk/planning-inspectorate 2

Extracted from the decision letter PDF and shown in full, chunk by chunk.

Main issues and findings

Green belt
Against appellant
¶3

The building's construction date was a crucial factor in determining the eligibility of the proposed development under Class AB.

Flood risk
Neutral
¶null

Not relevant to the decision, as the main issue was the building's construction date.

Heritage impact
Against appellant
¶9-10

Not considered, as the proposal was deemed ineligible under Class AB due to the building's age.

Other
Neutral
¶10

Not relevant to the decision, as the main issue was the building's construction date.

External appearance
Neutral
¶9-10

Not relevant to the decision, as the main issue was the building's construction date.

Policies relied on

Reference Weight
NPPF 208
Moderate

Site constraints from the Casework Database

Conservation area
Green belt
Listed building setting
AONB
SSSI
Flooding an issue

Source

Decision letter, 2 pages, issued by the Planning Inspectorate on 28 July 2022 under the Open Government Licence.