Case 3339210

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX

Thurrock Borough Council — appeal dismissed

Outcome
Dismissed
Decision date
20 November 2024
Authority
Thurrock Borough Council
Inspector
Pearce J
Procedure
Written Representations
Casework type
Planning Appeal
Type detail
Planning Appeals - Full
Development type
Minor Dwellings
Appellant
BSD BROOKLYN PARADE LIMITED
LPA reference
23/01437/PAOFFR
ONS LPA code
E06000034
Jurisdiction
Transferred
Link status
Not Linked
Start date
24 April 2024

Summary AI

The inspector dismissed the appeal, finding that the proposed development would have unacceptable transport impacts due to the lack of on-site car parking spaces, leading to displacement of vehicles onto the public highway and undue parking pressure.

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

PDF text

Page 1 · Chunk 0 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision Site visit made on 21 October 2024 by J Pearce MSc MRTPI an Inspector appointed by the Secretary of State Decision date: 20th November 2024 Appeal Ref: APP/M1595/W/24/3339210 Land at 1 High Street and 1-6 The Green, Stanford Le Hope SS17 0EX • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant approval required under Article 3(1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). • The appeal is made by Mr C Gluck of BSD Brooklyn Parade Limited against the decision of Thurrock Borough Council. • The application Ref is 23/01437/PAOFFR. • The development proposed is a Prior Notification requirement under Part MA of the GPDO for the change of use of Class E space to form 5 apartments. Decision 1. The appeal is dismissed. Preliminary Matters 2. The application form state that the appeal site address is ‘First & Second Floor Only, Nos 3-6 The Green’, whereas the decision notice refers to the site as ‘Land at 1 High Street and 1-6 The Green’ and the appeal form refers to the site as ‘1-6 The Green’.

Page 1 · Chunk 1 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision I have taken the address from the decision notice as this is sufficiently precise. I do not consider that this has prejudiced any of the parties and I have proceeded on this basis. 3. Article 3 (1) and Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) grants planning permission, subject to certain limitations and conditions, for a change of use of a building and any land within its curtilage from a use falling within Class E of Schedule 2 to the Use Classes Order, to a use falling within Class C3 (dwellinghouses) of Schedule 1 to that Order. Main Issue 4. The prior approval matters for Class MA includes, amongst other things, the transport impacts of the development, particularly to ensure safe site access. There is no dispute that the other criteria of Class MA are satisfied. As such, there is no need to give them further consideration within this decision. 5. Therefore, the main issue is whether the transport impacts of the development are acceptable, particularly to ensure safe site access. Reasons 6. The appeal site is a building within a parade consisting of commercial units at ground floor level.

Page 1 · Chunk 2 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision To the front of the parade is a marked parking bay. The https://www.gov.uk/planning-inspectorate

Page 1 · Chunk 3 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision To the front of the parade is a marked parking bay. The https://www.gov.uk/planning-inspectorate

Page 2 · Chunk 4 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision Appeal Decision APP/M1595/W/24/3339210 parking bay and roads in the town centre, High Street and The Green, are within a Controlled Parking Zone and are subject to parking restrictions. Other roads within the town centre are subject to the operation of Permit Parking Areas, with on-street parking restricted to resident permit holders. 7. The proposal does not include any on-site parking spaces. The site is in a highly accessible location where future occupants would not be reliant on private vehicles to access facilities and services and the proposal would include facilities for cycle storage. I also acknowledge the environmental and health benefits associated with reduced car usage. The appellant states that the proposal would be car free, and no parking permits would be issued to occupiers of the units. However, there is no mechanism before me that would secure and retain the scheme as car free development this. In the absence of such, I cannot be certain that the development would be car free. 8. The lack of on-site car parking spaces would lead to the displacement of vehicles onto the public highway where parking is subject to restrictions.

Page 2 · Chunk 5 Appeal Decision

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — Appeal Decision Although the submitted parking survey indicates that on-street parking spaces in the locality are typically below capacity, including overnight, there is no guarantee that spaces would be available, particularly given the restrictions in place. It is therefore likely that future occupants with cars would need to locate alternative parking spaces leading to undue parking pressure. 9. I conclude that the proposal would have an unacceptable transport impact, including in relation to highway safety and the flow of traffic in the locality. As such the proposal would not satisfy condition MA.2. (2) (a) of the GPDO. Conclusion 10. For the reasons given above the appeal should be dismissed.

Page 2 · Chunk 6 J Pearce

First & Second floor only, 1 to 6 The Green, Stamford Le Hope, Essex, SS17 0EX — Thurrock Borough Council — J Pearce 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

Parking
Against appellant
¶7

The inspector acknowledged the environmental and health benefits of reduced car usage, but noted that there was no mechanism to secure and retain the scheme as car-free development.

Parking
Against appellant
¶8

The lack of on-site car parking spaces would lead to the displacement of vehicles onto the public highway, causing undue parking pressure.

Highway safety
Against appellant
¶9

The proposal would have an unacceptable transport impact, including in relation to highway safety and the flow of traffic in the locality.

Policies relied on

Reference Weight
GPDO MA.2.(2)(a)
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 20 November 2024 under the Open Government Licence.