16 Station Road, LOUGHTON, IG10 4NX

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision Site visit made on 4 July 2023 by J Gunn DipTP, DipDBE, MRTPI an Inspector appointed by the Secretary of State Decision date: 25 July 2023 Appeal Ref: APP/J1535/W/22/3312511 16 Station Road, Loughton, Essex IG10 4NX • 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 John Collins against the decision of Epping Forest District Council. • The application Ref EPF/1478/22, dated 28 June 2022, was refused by notice dated 24 November 2022. • The development is described on the application form as a proposed replacement dwelling. Decision 1. The appeal is allowed, and planning permission is granted for a proposed replacement dwelling at 16 Station Road, Loughton, Essex IG10 4NX in accordance with the terms of the application, Ref EPF/1478/22, dated 28 June 2022, subject to the conditions in the schedule at the end of this decision. Preliminary Matters 2. On 06 March 2023, the Epping Forest District Local Plan 2011-2033 (LP) was adopted by Epping Forest District Council. This plan now forms part of the statutory development plan for the District and carries full weight in decision making.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision The previous Local Plan, referred to as the Epping Forest Local Plan (1998) and Alterations (2006), has now been revoked and therefore no weight is given to these documents or their policies. The Council made reference to this situation in their statement and interested parties have had an opportunity to comment on it. 2. Following submission of the appeal the appellant submitted a Daylight and Sunlight Assessment. I consider that the evidence is relevant to the matter being considered and I have made a conscious and informed decision to admit it. The Council and neighbouring residents have been made aware of the assessment and comments have been received as a result. Consequently, I am satisfied that no party is disadvantaged by making reference to it. Main Issue 3. The main issue is the effect of the proposal on the living conditions of the occupiers of 14 and 18 Station Road, with particular regard to loss of light and outlook. Reasons 4. Policy DM9 of the LP expects proposals to provide good sunlight to all parts of the development and adjacent buildings and land. It also seeks to avoid https://www.gov.uk/planning-inspectorate

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/22/3312511 overbearing forms of development that materially impact on the outlook of occupiers of neighbouring properties. 5. The proposed dwelling would project beyond the rear wall of 18 Station Road by approximately 3 metres and lie directly adjacent the common boundary. A single storey garage and store attached to No 18 lies approximately 1 metre from the common boundary and contains a small window. The windows in the main flank wall of the No 18, at first and second floor level, are located approximately 4 metres from the common boundary and serve non habitable rooms including stair wells and bathrooms. 6. Given the physical separation between the proposed dwelling and the windows, and the use to which the affected rooms are put, I find that sufficient daylight would enter the respective rooms. Consequently, in this regard, the living conditions of the occupiers of No 18 would not be adversely harmed by the proposed development. 7. I have also taken into account the comments made by the occupiers of No 18 with regards to the outlook from their property.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision In this regard I acknowledge that the views across the appeal site currently provide a glimpse of Lopping Hall, however prior to the demolition of the previous house, or in the event that permitted scheme was completed, this view would be severely restricted. As a result, I do not accept that there is a compelling case for refusing the proposal on this ground. 8. I accept that the conservatory is a room where the occupants of No 18 might spent time relaxing. Whilst acknowledging there would be some change to the outlook from No 18, there would still be a significant gap between the proposed building and the conservatory. Moreover, views from windows would primarily be in the direction of the generous rear garden. Therefore, I am satisfied that the proposed development would not have an overbearing or oppressive impact when viewed from No 18. 9. Whilst the effect on the amenity of the occupiers of No 14 is not given as a reason for refusal, in the interests of fairness, I have considered the potential impact on them. On my site visit I noted the rooflights serving the ground floor extension and the windows at first and second floor level located in the flank wall of the principal part of the property.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision The rooflights provide a secondary source of light to the extension, with a lantern window and patio doors providing the principal source light to the kitchen and living/dining room. The windows at the upper levels served stairwells which are not habitable rooms, and as a result are less dependent on access to natural light. Consequently, in this regard, the living conditions of the occupiers of No 14 would not be adversely harmed by the proposed development. 10. Consequently, for the reasons identified above, I conclude that the proposed development would not harm the living conditions of the occupiers of 14 and 18 Station Road, with particular regard to loss of light and outlook. Accordingly, the proposal would comply with Policy DM9 of the LP which seeks to prevent significant adverse impacts on the amenities of neighbouring land and property. https://www.gov.uk/planning-inspectorate 2

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/22/3312511 Other Matters 11. I have taken into account the views of the Loughton Residents Association, the Parish Council and neighbouring residents with regards to the character and appearance of the proposed development. The Council officers report concluded that the proposal fits into a gap between the neighbouring buildings, creating a graduated roof profile. They took the view that its variety in terms of scale, mass and height would be entirely consistent with the prevailing character in Station Road with the height and general form. The impact on character and appearance was not given as a reason for refusal. That said, in their statement of case the Council assert that the increased scale and mass would be visually dominant, particularly emphasised by the elevated position of the appeal site in the street scene. 12. I recognise that matters relating to character and appearance can be a matter of judgement, however from what I have seen and the evidence before me, I do not accept that the proposed dwelling would be visually dominant, or out of character with its neighbours by reason of its height, scale or design. 13.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision I am mindful that as a competent authority I am required to consider the impact of the proposed development on the Epping Forest Special Area of Conservation (EFSAC). In this regard I have taken into account the views of the main parties and the response I have received to a consultation with Natural England. The Council has confirmed that the request for a unilateral undertaking was included in error and that mitigation beyond the on-site measures relating to sustainable water use and electric vehicle charging provision is not required. Moreover, Natural England consider that the proposal is not likely to have a significant effect on the integrity of the EFSAC and is content that the scheme would not require mitigation. From what I have seen and read I have no reason to disagree with the conclusions that they have reached. As a result, I conclude that the scheme would not have a significant effect on the EFSAC, and consequently there is no requirement for mitigation or a unilateral undertaking in that regard. Conditions 14. I have taken into account the draft conditions contained in the Council’s officer report and their subsequent appeal statement.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision I note some disparity between the two versions, and some drafting errors with regards to the relevant drawing numbers. I have sought to rectify these anomalies in the schedule of conditions set out below, and provide an explanation for these changes, where necessary. 15. In the interest of clarity and precision, conditions are necessary to specify the time limit for implementing the development (1) and to specify the relevant drawing numbers (2). 16. To ensure that risks of land contamination to the future users of the land and neighbouring land, controlled waters and ecological systems are minimised a condition is necessary to identify and mitigate against any sources of pollution (3). 17. Condition 4 is required to ensure that the development is delivered in accordance with a sustainable drainage strategy. https://www.gov.uk/planning-inspectorate 3

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/22/3312511 18. Condition 5 is necessary to ensure a high quality design that is sensitive to the surrounding context. 19. Condition 6 is necessary to ensure that retained trees are protected, and the approved landscaping scheme is completed. 20. Conditions 7 and 8 are required to ensure the development contributes to supporting the Council towards a low carbon future and the wider aims and objectives for reducing car-led air pollution. 21. Condition 9 is required to ensure that the development contributes towards ecological enhancement of the site. 22. Condition 10 is required to ensure that the development is delivered in accordance with a sustainable drainage strategy. 23. Conditions 11, 12, 13 and 14 are required to safeguard the living conditions of neighbouring residents. 24. The site has been cleared of all buildings and consequently there is no reason to impose draft condition 11 as included in the Council’s statement of case. Conclusion 25. There are no relevant material considerations to indicate the application should be determined otherwise than in accordance with the development plan.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — Appeal Decision For the reasons given above, I therefore conclude that the appeal should be allowed subject to the conditions set out below.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn INSPECTOR https://www.gov.uk/planning-inspectorate 4

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn INSPECTOR https://www.gov.uk/planning-inspectorate 4 Appeal Decision APP/J1535/W/22/3312511 SCHEDULE OF CONDITIONS 1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2. The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans: 2021.079.PA.01, 2021.079.PA.02, 2021.079.PA.03, 2021.079.PA.04, 2021.079.PA.05, 2021.079.PA.06, 2021.079.PA.07 Revision A, 2021.079.PA.08 Revision A, 2021.079.PA.07 Revision 9A, 2021.079.PA.10 Revision A, 2021.079.PA.11 Revision A, 2021.079.PA.12 Revision A, 2021.079.PA.13 Revision A and 2021.079.PA.14 Revision A,, 3. A) No work on any phase of the development (with the exception of demolition works where this is for the reason of making areas of the site available for site investigation), shall commence until an assessment of the risks posed by any contamination within that phase shall have been submitted to and approved in writing by the Local Planning Authority.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn This assessment must be undertaken by a suitably qualified contaminated land practitioner, in accordance with British Standard BS 10175: Investigation of Potentially Contaminated Sites - Code of Practice and the Environment Agency's Guidelines for the Land Contamination: Risk Management (LCRM 2020) (or equivalent if replaced), and shall assess any contamination on the site, whether or not it originates on the site. The development shall only be carried out in accordance with the approved details unless the Local Planning Authority gives its written consent to any variation. The assessment shall include: (1) A survey of the extent, scale and nature of contamination and (2) An assessment of the potential risks to: human health; property (existing or proposed) including buildings, crops, livestock, pets, woodland, service lines and pipes; adjoining land; groundwater and surface waters; ecological systems; and archaeological sites and ancient monuments. B) If following the risk assessment unacceptable risks are identified from land affected by contamination in that phase, no work on any phase of the development shall take place, until a detailed land remediation scheme has been completed.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The scheme will be submitted to and approved in writing by the local planning authority. The scheme shall include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. (The remediation scheme shall be sufficiently detailed and thorough to ensure that after remediation, as a minimum, land should not be capable of being determined as contaminated land under Part IIA of the Environmental Protection Act 1990). The development shall only be carried out in accordance with the approved scheme. Following the completion of the remediation works and prior to the first occupation of the development, a verification report by a suitably qualified contaminated land practitioner shall be submitted to and approved in writing by the local planning authority. 4. Prior to preliminary ground works taking place, details of foul and surface water disposal shall be submitted to and approved in writing by the Local Planning Authority.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The development shall be implemented in accordance with the approved details and shall be provided on site prior to the first occupation and shall be retained for the lifetime of the development. https://www.gov.uk/planning-inspectorate 5

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The development shall be implemented in accordance with the approved details and shall be provided on site prior to the first occupation and shall be retained for the lifetime of the development. https://www.gov.uk/planning-inspectorate 5

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn Appeal Decision APP/J1535/W/22/3312511 5. Prior to any above ground works, documentary and photographic details of the type and colours of the external finishes of the development shall be submitted to and approved in writing by the Local Planning Authority. The development shall be carried out in accordance with the approved details. 6. Prior to any above ground works, full details of both hard and soft landscape works (including tree planting) and implementation programme (linked to the development schedule) shall be submitted to and approved in writing by the Local Planning Authority. All hard and soft landscape works shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of the building or completion of the development, whichever is the sooner. The hard landscaping details shall include, as appropriate, and in addition to details of existing features to be retained: proposed finished levels or contours; means of enclosure; car parking layouts; other minor artefacts and structures, including signs and lighting and functional services above and below ground.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The details of soft landscape works shall include plans for planting or establishment by any means and full written specifications and schedules of plants, including species, plant sizes and proposed numbers /densities where appropriate. If within a period of five years from the date of the planting or establishment of any tree, or shrub or plant, that tree, shrub, or plant or any replacement is removed, uprooted or destroyed or dies or becomes seriously damaged or defective another tree or shrub, or plant of the same species and size as that originally planted shall be planted at the same place. 7. Prior to any above groundworks, details and location of the parking spaces (including garages) equipped with active and/or passive Electric Vehicle Charging Point(s) shall have been submitted to and approved in writing with the Local Planning Authority. The installation of EVCP shall be completed in accordance with the approved details and made operational prior to first occupation. The details shall include: 8. Prior to any above groundworks, a strategy to facilitate super-fast broadband for future occupants of the site shall have been submitted to and approved in writing by the Local Planning Authority.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The strategy shall seek to ensure that upon occupation of a dwelling, either a landline or ducting to facilitate the provision of a broadband service to that dwelling from a site-wide network, is in place and provided as part of the initial highway works and in the construction of frontage thresholds to dwellings that abut the highway, unless evidence is put forward and agreed in writing by the Local Planning Authority that technological advances for the provision of a broadband service for the majority of potential customers will no longer necessitate below ground infrastructure. The development of the site shall be carried out in accordance with the approved strategy. 9. Prior to first occupation of the development, a scheme to enhance the ecological value of the site shall be submitted to and agreed in writing by the Local Planning Authority. The ecological value shall be quantified using the Biodiversity Impact Assessment Calculator (BIAC) where appropriate. The scheme shall be implemented in full prior to the occupation of the development hereby approved. 10.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day. https://www.gov.uk/planning-inspectorate 6

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn Prior to first occupation of the development, measures shall be incorporated within the development to ensure a water efficiency standard of 110 litres (or less) per person per day. https://www.gov.uk/planning-inspectorate 6

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn Appeal Decision APP/J1535/W/22/3312511 11. Prior to the use of the patio area, details of privacy screens at both edges of the patio, no lower than 1.7 metres high, shall have been submitted to and approved in writing by the local planning authority. The development shall be implemented before occupation in accordance with the approved details and so retained. 12. Prior to the first occupation of the development, the windows in the flank elevations at first floor level and above, shall have been fitted with obscure glass with a minimum privacy level 3 obscurity, and no part of the windows that is less than 1.7 metres above the internal floor level of the room in which it is installed shall be capable of being opened. Once installed the obscure glass shall be retained thereafter, and no additional windows shall be installed into the flank elevations of the building. 13. Access to the flat roof over the rear single storey element of the development shall be for maintenance or emergency purposes only and the flat roof shall not be used as a seating area, roof garden, terrace, patio or similar amenity area. 14.

16 Station Road, LOUGHTON, IG10 4NX — Epping Forest District Council — J Gunn The heat pump plant room hereby approved shall be maintained and operated so as to be inaudible from within any adjoining residential property. END OF SCHEDULE https://www.gov.uk/planning-inspectorate 7