Case 3317971

Regency Court 89-111 High Road, LONDON, E18 2JT

London Borough of Redbridge — appeal dismissed

Outcome
Dismissed
Decision date
7 December 2023
Authority
London Borough of Redbridge
Inspector
McDonald K
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
Regency Airspace Limited
LPA reference
3102/22
ONS LPA code
E09000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
27 June 2023

Summary AI

The appeal was dismissed due to the proposal not complying with the limitations in Paragraph A.1, specifically A.1 (e), related to the floor to ceiling height of the additional storey. The inspector could not be certain that the proposal would comply with this requirement due to the lack of detailed plans.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Appeal Decision Site visit made on 17 November 2023 by Katie McDonald MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 7 December 2023 Appeal Ref: APP/W5780/W/23/3317971 Regency Court, 89-111 High Road, South Woodford, Redbridge, London E18 2JT • The appeal is made under section 78 of the Town and Country Planning Act 1990 against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 20, Class A, Paragraph A.2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr Sachin Patel (Regency Airspace Limited) against the decision of the London Borough of Redbridge. • The application Ref 3102/22, dated 9 September 2022, was refused by notice dated 10 November 2022. • The development proposed is upward extension of an additional single storey on an existing 4-storey detached block of flats consisting of 4 x 1 bed flats, 1 x 2 bed flat and 1 x 3 bed flat. Decision 1. The appeal is dismissed. Background and Main Issues 2.

Page 1 · Chunk 1 Appeal Decision

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Appeal Decision Under Article 3(1) and Schedule 2, Part 20, Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 as amended (the GPDO), planning permission is granted for new dwellinghouses on detached blocks of flats subject to limitations and conditions. 3. Where an application is made for a determination as to whether prior approval is required for development, paragraph B(3) provides that the local planning authority may refuse the application where it considers the proposed development does not comply with, or the developer has provided insufficient information to enable the authority to establish whether the proposed development complies with, any conditions, limitations or restrictions specified in this Part as being applicable to the development in question. 4. Paragraph A.2(1) requires the developer to apply to the local planning authority for prior approval as to, amongst other things, the external appearance of the building. 5. Accordingly, the main issues in this appeal are whether the proposed development would be granted planning permission by Article 3 (1) and Schedule 2, Part 20, Class A of the GPDO with specific regard as to whether: i.

Page 1 · Chunk 2 Appeal Decision

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Appeal Decision the floor to ceiling height of any additional storey, measured internally, would exceed the lower of (i) 3 metres; or (ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing building. https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Appeal Decision the floor to ceiling height of any additional storey, measured internally, would exceed the lower of (i) 3 metres; or (ii) the floor to ceiling height, measured internally, of any storey of the principal part of the existing building. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Appeal Decision Appeal Decision APP/W5780/W/23/3317971 6. If it would be granted planning permission, I would then consider whether the external appearance of the building would be acceptable. Reasons 7. There are no drawings before me that detail the floor to ceiling height of the additional storeys proposed. Therefore, whilst the application form states compliance with criteria (e) and the planning statement sets out the internal floor to ceiling heights of the new flats are 2.5m which is the same as the existing flats on the floors below, there are no plans to demonstrate this. 8. Therefore, I cannot be certain that the proposal would comply with the limitations in Paragraph A.1, specifically A.1 (e). 9. Consequently, the proposed development would not be granted planning permission by Article 3 (1) and Schedule 2, Part 20, Class A of the GPDO. Given this, there is no requirement to consider the external appearance. Conclusion 10. For these reasons, I conclude that the appeal should be dismissed.

Page 2 · Chunk 5 Katie McDonald

Regency Court 89-111 High Road, LONDON, E18 2JT — London Borough of Redbridge — Katie McDonald 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

Housing land supply
Against appellant
¶6

The inspector would first consider whether the proposed development would be granted planning permission by Article 3 (1) and Schedule 2, Part 20, Class A of the GPDO.

External appearance
Neutral
¶null

The inspector stated that they would consider the external appearance if the proposal would be granted planning permission, but this was not required in this case.

Housing land supply
Against appellant
¶9

The inspector concluded that the proposed development would not be granted planning permission by Article 3 (1) and Schedule 2, Part 20, Class A of the GPDO due to non-compliance with Paragraph A.1, specifically A.1 (e).

Policies relied on

Reference Weight
Paragraph A.1, specifically A.1 (e)
Determinative

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 7 December 2023 under the Open Government Licence.