1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — by P Storey BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 09 October 2024

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — 1 Joseph Clibbon Drive, Springfield, Chelmsford, Essex CM1 6AS • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant consent, agreement or approval to details required by a condition of a planning permission. • The appeal is made by Mr Matt Sotayo against the decision of Chelmsford City Council. • The application Ref 20/01519/DOC/1 sought approval of details pursuant to condition No 5 of planning permission Ref 20/01519/FUL, granted on 7 December 2020. • The application was refused by notice dated 6 December 2023. • The development proposed is two storey rear extension, with balcony/terrace on roof to be accessed through addition of door on second floor. Addition of window to first floor. • The details for which approval is sought is condition No 5, which is set out as follows: During the construction of the development hereby permitted privacy screens shall be installed along the north edge of the second floor terrace, details and materials of which shall have been previously submitted to and approved in writing by the local planning authority prior to their installation. The installed privacy screens shall be permanently retained thereafter.

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — 1 Joseph Clibbon Drive, Springfield, Chelmsford, Essex CM1 6AS • The reason given for the condition is: In the interests of protecting the living environment of occupiers of neighbouring dwellings in accordance with Policy DM29 of the Chelmsford Local Plan.

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — approved under the planning permission. https://www.gov.uk/planning-inspectorate

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — approved under the planning permission. https://www.gov.uk/planning-inspectorate Appeal Decision APP/W1525/W/24/3337748 6. The submitted plans show proposed changes to the screening currently installed, particularly to the west elevation. However, the proposed arrangement clearly includes additional screening to parts of the terrace’s perimeter not specified by the condition. Therefore, the submitted details do not address the requirements of the condition. 7. Furthermore, the submitted details illustrate that the screening to the northern edge of the terrace would remain in its current, as-built state. As such, further conflict with the condition arises from the screening being installed before the written approval of the local planning authority was obtained. 8. Procedurally, if I were to allow flexibility regarding the condition’s requirements, this would effectively modify the condition. Separate legislation and a separate application process exists for this under Section 73 of the Town and Country Planning Act 1990. 9. The reason given for the condition was to safeguard the amenities of the occupiers of the neighbouring properties.

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — approved under the planning permission. While no compelling evidence has been provided to suggest that the proposed arrangement would fail to achieve this, it does not overcome the fundamental failure to address the requirements of the condition. 10. Given my findings above, the submitted details do not address the requirements of condition No 5. I therefore have no option other than to dismiss the appeal. Conclusion 11. For the reasons given above, I conclude that the appeal should be dismissed.

1 Joseph Clibbon Drive, Springfield, Chelmsford, ESSEX, CM1 6AS — Chelmsford Borough Council — P Storey INSPECTOR https://www.gov.uk/planning-inspectorate 2