532 South End Road, HORNCHURCH, RM12 5PA
London Borough of Havering — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 28 August 2024
- Authority
- London Borough of Havering
- Inspector
- Wilson D
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Full
- Development type
- Minor Dwellings
- Appellant
- Mr T Mahmood
- LPA reference
- P0114.23
- ONS LPA code
- E09000016
- Jurisdiction
- Transferred
- Link status
- Lead
- Start date
- 20 February 2024
Summary AI
The appeals were dismissed due to the proposed developments harming the character and appearance of the area and highway safety, outweighing the modest benefits.
PDF text
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — by D Wilson BSc (Hons) MRTPI an Inspector appointed by the Secretary of State Decision date: 28th August 2024
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — 532 South End Road, Havering, Hornchurch RM12 5PA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr T Mahmood against the decision of the Council of the London Borough of Havering. • The application Ref is P0114.23. • The development proposed is Demolish side extension, Erection of 1x2 bedroom dwelling house with associated amenity space, parking, cycle and refuse storage. Single storey rear extension to host property (532 Southend Road).
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — 532 South End Road, Havering, Hornchurch RM12 5PA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission. • The appeal is made by Mr T Mahmood against the decision of the Council of the London Borough of Havering. • The application Ref is P1493.23. • The development proposed is Erection of 1x2 bed dwellinghouse with associated amenity space, rear parking, cycle and refuse storage following demolition of existing side extension and new front porch to host property (532 Southend Road).
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. https://www.gov.uk/planning-inspectorate
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. https://www.gov.uk/planning-inspectorate
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Appeal Decisions APP/B5480/W/23/3329862, APP/B5480/W/24/3338355 Main Issues 4. The main issues for appeal A are the effect of the proposal on; • the character and appearance of the area; and • highway safety in regard to parking provision. 5. The main issue for appeal B is the effect of the proposal on the character and appearance of the area. Reasons (Appeal A and B) Character and appearance (appeal A and B) 6. The appeal site relates to a two storey end of terraced house located within a residential area. The site is located on a corner position with the junction of South End Road and Farm Way. Houses in the area are of a similar style and appearance and are mostly terraced with wide grass verges, open gardens and driveways to the front, which results in an open and uniform character and appearance. 7. Both appeals propose to demolish an existing single storey extension that is to the side of the dwelling and erect a new, terraced dwelling. The proposed dwelling through appeal A would be two storeys and would occupy the majority of the width of the gap between the existing dwelling and footway, particularly towards the rear where the proposal would be immediately adjacent to the footway.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. The result of the overall width of the dwelling would appear cramped within the plot and stand out as an incongruous feature within the street scene. 8. The proposals would use similar materials to match the existing dwelling and the frontage would be flush with the existing property in order to follow the existing terraced pattern. However, appeal B proposes a chamfered corner with bay window which would extend over the two storeys. While a gap to the side of the property would reduce the cramped appearance, the proposed design would be at odds with other properties in the area and result in an incongruous feature that would upset the rhythm within the street scene. 9. I therefore conclude that the proposed developments would harm the character and appearance of the area. They would be contrary to Policies 10 and 26 of the Havering Local Plan 2016-2031 Adopted November 2021 (LP) and Policy D4 of the London Plan 2021. Amongst other things, these seek to ensure that proposals do not have an adverse impact on the character of the area and are informed by, respect and complements the distinctive qualities and character of the site and local area. Highway safety (appeal A) 10.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Policy T6.1 of the London Plan requires one space to be provided for the existing dwelling and 0.75 spaces for the proposed dwelling. In order to accommodate this requirement, the proposal includes one parking space to the rear of the site which would serve the proposed dwelling and one space to the front of the site for the existing dwelling. https://www.gov.uk/planning-inspectorate
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Policy T6.1 of the London Plan requires one space to be provided for the existing dwelling and 0.75 spaces for the proposed dwelling. In order to accommodate this requirement, the proposal includes one parking space to the rear of the site which would serve the proposed dwelling and one space to the front of the site for the existing dwelling. https://www.gov.uk/planning-inspectorate
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Appeal Decisions APP/B5480/W/23/3329862, APP/B5480/W/24/3338355 11. The parking space to the front of the existing property would be achieved by widening an existing dropped kerb to allow a car to be parked to the front of the building. 12. The Council consider that the appellant has not demonstrated that the vehicle crossover point would comply with the Council’s Domestic Vehicle Dropped Kerb Policy April 2023. Amongst other things, this requires a minimum vehicle crossing width of 4.5m and that any part of the crossing is not within 10m from a junction. 13. The appellant has provided a plan to show the layout of the parking to the front of the appeal site. However, insufficient detail has been provided to show that the crossover would be a sufficient width and not within 10m of the nearby junction of South End Road and Farm Way. As such, based on the evidence before me it is unclear whether the required two spaces can be provided without comprising highway safety. 14. I therefore conclude that the proposed development would unacceptably harm highway safety with regard to inadequate parking provision.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. It would be contrary to Policies 7, 23 and 24 of the LP and Policy T6 of the London Plan 2021 which amongst other things, seek to ensure that development provided adequate parking provision. Other Matters 15. The Council have found that the proposed development would not harm the living conditions of the occupiers of neighbouring properties. While I have no reason to conclude otherwise, this is a neutral matter. 16. The appellant has drawn my attention to a development at the neighbouring property, No 534 South End Road. I have been provided with very limited information in relation to this and in any case, each appeal should be considered on its own merits. 17. However, in respect of this development, it differs from the appeal proposal as it appears to be a two storey side extension. While this has brought built form closer to Farm Way, there remains a gap through the garden to the side of the property which maintains the open character of the area and also largely continues the existing fenestration which maintains the uniformity in the street scene.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Appeal A would only leave only a very small gap at the side, towards the front and the rear would be built right up to the footway, eroding the open character and appear cramped within the plot. In regard to appeal B, the design differs from the prevailing character in the area and for these reasons the proposals differ from the neighbouring development. Planning Balance 18. The proposals would be contrary to Policies 7, 10, 23, 24 and 26 and Policies D4 and T6 of the London Plan 2021. These Policies are consistent with the Framework in focusing on ensuring that proposals establish or maintain a strong sense of place, using the arrangement of streets, spaces, building types and materials to create attractive, welcoming and distinctive places to live. https://www.gov.uk/planning-inspectorate
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. Appeal Decisions APP/B5480/W/23/3329862, APP/B5480/W/24/3338355 19. The Council conceded that it is unable to demonstrate a 5-year supply of deliverable housing sites in accordance with Paragraph 77 of the Framework. Paragraph 11 d) of the Framework indicates that, in such circumstances where the requisite housing land supply cannot be shown, the Policies which are important for determining the application should be deemed out-of-date and permission should be granted unless any adverse impacts would significantly and demonstrably outweigh the benefits, when assessed against the Policies in the Framework taken as a whole. 20. The proposed development would contribute to the supply of new homes in a situation where there is a shortfall. This attracts significant weight in favour of the proposed development. The proposal would also support the creation of jobs directly and indirectly during construction and result in future occupiers spending in the locality. Although this is tempered by the fact that the proposal is only for one dwelling. 21. In this instance, the harm to the character and appearance of the area and highway safety would significantly and demonstrably outweigh the very modest benefits.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — together, except where otherwise indicated. As such, the proposal would not constitute a sustainable form of development in terms of the Framework. 22. Consequently, when assessed against the Policies in the Framework when taken as a whole the adverse impacts would significantly and demonstrably outweigh the benefits. Conclusion 23. For the reasons given above, the appeals should be dismissed.
532 South End Road, HORNCHURCH, RM12 5PA — London Borough of Havering — D Wilson INSPECTOR https://www.gov.uk/planning-inspectorate
Main issues and findings
Character and appearance Against appellant ¶7
The proposed developments would appear cramped within the plot and stand out as an incongruous feature within the street scene.
Character and appearance Against appellant ¶8
The proposed design of appeal B would be at odds with other properties in the area and result in an incongruous feature that would upset the rhythm within the street scene.
Highway safety Against appellant ¶14
The proposed development would unacceptably harm highway safety with regard to inadequate parking provision.
Living conditions Neutral
The proposed development would not harm the living conditions of the occupiers of neighbouring properties.
Flood risk Neutral
There was no mention of flood risk in the decision letter.
Ecology and biodiversity Neutral
There was no mention of ecology and biodiversity in the decision letter.
Trees and landscape Neutral
There was no mention of trees and landscape in the decision letter.
Agricultural land Neutral
There was no mention of agricultural land in the decision letter.
Affordable housing Neutral
There was no mention of affordable housing in the decision letter.
Planning obligations Neutral
There was no mention of planning obligations in the decision letter.
Conditions Neutral
There was no mention of conditions in the decision letter.
External appearance Neutral
There was no mention of external appearance in the decision letter.
Other Neutral
There was no other issue mentioned in the decision letter.
Policies relied on
| Reference | Weight |
|---|---|
| Policies 7, 10, 23, 24, 26 and Policies D4 and T6 of the London Plan 2021 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 4 pages, issued by the Planning Inspectorate on 28 August 2024 under the Open Government Licence.