Case 3319464

424 Cranbrook Road, Ilford, IG2 6HW

London Borough of Redbridge — appeal allowed

Outcome
Allowed
Decision date
30 January 2024
Authority
London Borough of Redbridge
Inspector
De Freitas Terceiro P
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Other minor developments
Appellant
Mr Ilir Gashi
LPA reference
1471/22
ONS LPA code
E09000026
Jurisdiction
Transferred
Link status
Not Linked
Start date
7 September 2023

Summary AI

The appeal was allowed due to the development's compliance with local planning policies and its modest scale, which preserved key views and did not result in incongruity with the surrounding retail parade. The development was also found to be in line with the development plan, and there were no material considerations that indicated a decision should be taken otherwise than in accordance with it.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision Site visit made on 7 November 2023 by P Terceiro BSc MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 30 January 2024 Appeal Ref: APP/W5780/W/23/3319464 424 Cranbrook Road, Ilford, Redbridge IG2 6HW • 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 Ilir Gashi against the decision of the Council of the London Borough of Redbridge. • The application Ref 1471/22, dated 4 May 2022, was refused by notice dated 2 March 2023. • The development proposed is described as front canopy. Decision 1. The appeal is allowed and planning permission is granted for a single storey front extension/canopy to enclose outdoor seating area at 424 Cranbrook Road, Ilford, Redbridge IG2 6HW in accordance with the terms of the application, Ref 1471/22, dated 4 May 2022, subject to the following conditions: 1) The development hereby approved shall be retained in accordance with the following approved plans: Site Location Plan, 02 – As Built Elevations, 04 – As Built Plan, 06 – As Built Elevations and 09 – Roof Plans.

Page 1 · Chunk 1 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision 2) Unless within six months of the date of this decision a Fire Strategy is submitted in writing to the local planning authority for approval, and unless the approved Fire Strategy is implemented within three months of the local planning authority’s approval, the use of the extension shall cease and all equipment and materials brought onto the land for the purposes of such use shall be removed until such time as a scheme is approved and implemented. If no scheme in accordance with this condition is approved within eight months of the date of this decision, the use of the extension shall cease and all equipment and materials brought onto the land for the purposes of such use shall be removed until such time as a scheme approved by the local planning authority is implemented. Upon implementation of the approved Fire Strategy specified in this condition, that scheme shall thereafter be retained. In the event of a legal challenge to this decision, or to a decision made pursuant to the procedure set out in this condition, the operation of the time limits specified in this condition will be suspended until that legal challenge has been finally determined. https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 2 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision Appeal Decision APP/W5780/W/23/3319464 Preliminary Matters 2. The description of development in the heading above has been taken from the planning application form. However, Section E of the appeal form provides a different description of development to that in the application form, albeit it indicates that the description has not changed. For clarity, I have used the description of development provided in the appeal form in my decision above, but have omitted any superfluous text that is not in itself development. 3. At the time of my site visit it was evident that the proposal had been constructed. For the avoidance of doubt, I have determined the appeal on the basis of the submitted plans. 4. There has recently been a revised National Planning Policy Framework (the Framework) published by Government. Those parts of the Framework most relevant to this appeal have not been amended. As a result, I consider that there is no requirement for me to seek further submissions on the revised Framework, and I am satisfied that no party’s interests have been prejudiced by my approach. Main Issue 5. The main issue is the effect of the proposed development on the character and appearance of the area. Reasons 6.

Page 2 · Chunk 3 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision The appeal site is a ground floor café located within a terrace which includes commercial uses on the ground floor with other uses above. The site is part of the retail parade of Cranbrook Road, which comprises a range of shops, services and restaurants, amongst others. 7. The site is located by the Gants Hill roundabout, between Eastern Avenue and the A123. The row of terraces is curved, as it follows the design of the roundabout and of these two roads. The pavement in this location is wide. Most of the units within the retail parade have their frontages flush with the pavement. However, during my site visit I observed some other units in the wider area such as on Cranbrook Road and on Woodford Avenue with awnings and front extensions. Although I appreciate that these are not in the immediate vicinity, they are nonetheless part of the retail parade and of its character. 8. Whilst the development introduces an additional feature into the street scene, it is limited in scale. The siting of the canopy is well positioned in relation to the host building and the building line echoes that of the parade. The design is appropriate to the use of the unit as a café and the development is externally finished in muted colours.

Page 2 · Chunk 4 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision As such, the development does not result in a conspicuous structure within the street scene. 9. Given the siting and overall modest scale of the canopy compared with the wide pavement, the development preserves key views around the perimeter of the roundabout. Therefore, the development does not appear incongruous nor at odds with the pattern of development along the retail parade. 10. In conclusion, the development is not harmful to the character and appearance of the area. The development accords with Policy D3 of the London Plan 2021 and with Policy LP26 of the Redbridge Local Plan 2015-2030, insofar as it https://www.gov.uk/planning-inspectorate 2

Page 2 · Chunk 5 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision As such, the development does not result in a conspicuous structure within the street scene. 9. Given the siting and overall modest scale of the canopy compared with the wide pavement, the development preserves key views around the perimeter of the roundabout. Therefore, the development does not appear incongruous nor at odds with the pattern of development along the retail parade. 10. In conclusion, the development is not harmful to the character and appearance of the area. The development accords with Policy D3 of the London Plan 2021 and with Policy LP26 of the Redbridge Local Plan 2015-2030, insofar as it https://www.gov.uk/planning-inspectorate 2

Page 3 · Chunk 6 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision Appeal Decision APP/W5780/W/23/3319464 optimises site capacity through a design led approach and is high quality design. Other Matters 11. The Officer Report does not raise concerns in relation to live or amplified music and there is limited evidence before me to indicate that this takes place within the extension. As such, I am satisfied that the development does not result in greater noise and disturbance than that which would have occurred prior to the site being extended. 12. I note the evidence regarding smoke-free legislation. The Officer Report does not raise concerns in this regard. Furthermore, as the use of the extension in this respect concerns other legislation, this matter has not altered my overall decision. Conditions 13. A condition is necessary to require the development to accord with the approved plans, as this provides certainty and precision. 14. A condition securing the submission of a Fire Strategy is imposed to ensure that such a strategy is submitted, approved and implemented so as to make the development acceptable in planning terms.

Page 3 · Chunk 7 Appeal Decision

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — Appeal Decision There is a strict timetable for compliance because permission is being granted retrospectively, and it is not possible to use a negatively worded condition to secure approval and implementation of the Fire Strategy before the development takes place. The condition will ensure that the development can be enforced against if the requirements are not met. Conclusion 15. For the reasons given above, I conclude that the development complies with the development plan read as a whole. There are no material considerations that indicate that a decision should be taken otherwise than in accordance with it. As such, the appeal should succeed.

Page 3 · Chunk 8 P Terceiro

424 Cranbrook Road, Ilford, IG2 6HW — London Borough of Redbridge — P Terceiro INSPECTOR https://www.gov.uk/planning-inspectorate 3

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

Main issues and findings

Character and appearance
Against appellant
¶6-10

The development's modest scale and design, which accords with local planning policies, means that it does not harm the character and appearance of the area.

Other
For appellant
¶11

There is limited evidence that noise and disturbance would be greater than before the site was extended.

Other
For appellant
¶12

The Officer Report does not raise concerns, and other legislation governs this matter.

Policies relied on

Reference Weight
Policy D3 of the London Plan 2021, Policy LP26 of the Redbridge Local Plan 2015-2030
Determinative

Site constraints from the Casework Database

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

Source

Decision letter, 3 pages, issued by the Planning Inspectorate on 30 January 2024 under the Open Government Licence.