2 Courtland Drive, Chigwell, Essex, IG7 6PN

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Hearing held on 3 July 2024 Site visit made on 3 July 2024 by H Jones BA (Hons) DipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 30 August 2024 Appeal Ref: APP/J1535/W/24/3342459 2 Courtland Drive, Chigwell, Essex IG7 6PN • 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 John Digwa (Megabay Ltd) against the decision of Epping Forest District Council. • The application Ref is EPF/0625/23. • The development proposed is demolition of existing dwelling and replacement with two structures containing a total of 5 new dwellings. Decision 1. The appeal is allowed and planning permission is granted for demolition of existing dwelling and replacement with two structures containing a total of 5 new dwellings at 2 Courtland Drive, Chigwell, Essex IG7 6PN in accordance with the terms of the application, Ref EPF/0625/23, subject to the conditions in the attached schedule. Application for costs 2. An application for costs was made by Mr John Digwa (Megabay Ltd) against Epping Forest District Council. This is the subject of a separate decision. Preliminary Matters 3.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision The appellant’s submissions include an Energy Statement which was not before the Council when it determined the planning application. Public representations made on the planning application referred to the proposal’s energy efficiency credentials. Although interested parties have been notified of the appeal, consultation upon the Energy Statement has not taken place, and some interested parties may be unaware of its measures including the proposed introduction of air source heat pumps. If I were to accept the Energy Statement, I find that it would deprive interested parties of the level of opportunity to consider the changes that they would reasonably expect to be afforded. This would be procedurally unfair. Therefore, in coming to my decision, I have disregarded the Energy Statement. 4. A signed unilateral undertaking (UU) accompanied the planning application. Since that time two further UUs have been submitted. It is clear from the evidence before me that it is the most up-to-date UU, dated 11 June 2024, which is for my consideration.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision The principal purpose of this UU is to secure financial contributions towards mitigation measures in relation to the potential for the development to result in recreational activity and air pollution that https://www.gov.uk/planning-inspectorate

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision The principal purpose of this UU is to secure financial contributions towards mitigation measures in relation to the potential for the development to result in recreational activity and air pollution that https://www.gov.uk/planning-inspectorate

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 would adversely affect the Epping Forest Special Area of Conservation. I consider these matters later in my decision. 5. A screening direction was issued under the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations). In exercise of the powers conferred by Regulations 14(1) and 7(5) of the EIA Regulations, the Secretary of State directed that the development is not EIA development. Main Issues 6. The main issues are: • The effect of the proposed development upon the character and appearance of the area; • The provision made for energy efficiency, low carbon and renewable energy measures within the proposed development; and • The effect of the proposed development upon the integrity of the Epping Forest Special Area of Conservation (SAC). Reasons Character and appearance 7. The appeal site is situated on the corner of Courtland Drive and High Road. Courtland Drive is a residential street characterised by large, detached houses set within spacious plots. No 2 Courtland Drive (No 2) is, likewise, a large, detached house with gardens to front, side and rear.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Its elevations feature render, brick and clay tiles which are also incorporated on other houses on Courtland Drive, and its design overall is reflective of some other properties in the area. Nevertheless, there are also neighbouring properties, including on Courtland Drive and the other residential streets beside it, which exhibit a design which is quite divergent from No 2. Consequently, there is variety to the appearance of the houses near to the appeal site. 8. Furthermore, No 2 also addresses the adjacent High Road, and the character here is mixed. Off High Road, and close-by to the appeal site, there are buildings containing flats set across multiple floors, a pub, shops and businesses. Given their proximity to the appeal site, these range of land uses make a significant contribution to defining the character of the local area. 9. In this context the proposed 5 dwellings, which would comprise of self- contained flats, would not be out of kilter with the local area. Rather, they would add to the variety of residential properties and other land uses which already forms part and parcel of the prevailing local character. 10.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Incorporating a combination of brick and render to its elevations, hipped profiled roof slopes, feature gables and bay windows the proposed building appropriately takes design cues from the existing house and other residential properties in the area. Although the replacement building would be longer than the existing dwelling, its massing would be effectively broken up by varying building and roof lines. Its eaves and roof ridge heights would be very similar to the existing building. Therefore, upon completion of the development, a sympathetically designed building would be provided which would be served by https://www.gov.uk/planning-inspectorate 2

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Incorporating a combination of brick and render to its elevations, hipped profiled roof slopes, feature gables and bay windows the proposed building appropriately takes design cues from the existing house and other residential properties in the area. Although the replacement building would be longer than the existing dwelling, its massing would be effectively broken up by varying building and roof lines. Its eaves and roof ridge heights would be very similar to the existing building. Therefore, upon completion of the development, a sympathetically designed building would be provided which would be served by https://www.gov.uk/planning-inspectorate 2

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 a generous plot and which would be congruous with the surrounding pattern of development. 11. Although some trees and hedgerows would be removed to facilitate the development, there are large trees on the site’s fringes which would be retained, as would hedgerows running along the boundary with neighbouring 4 Courtland Drive (No 4). These would appropriately soften and partly screen the development, and the area’s verdant character and appearance would be acceptably preserved. 12. My attention has been drawn to the scheme at 5 Grange Crescent where the replacement of a house with flatted accommodation was dismissed at appeal1. However, appeal decisions are heavily dependent on the case-specific evidence and circumstances. I have come to my own views on this appeal having regard to the evidence before me now and the particular circumstances of the case. For these reasons, the appeal decision at 5 Grange Crescent is not a strong influence upon my decision. 13. Concerns have been expressed to me that the proposal could set a precedent for other similar developments. However, no substantive evidence of particular sites where this is likely to take place have been put to me.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Moreover, each application and appeal should be determined on its individual evidence. 14. For the above reasons, the proposed development would have an acceptable effect upon the character and appearance of the area. The proposal therefore complies with Policy DM9 of the Epping Forest District Local Plan 2011-2033 Part One (LP) which, amongst other matters, requires development to be of a high quality of design which relates positively to local context and character. The proposal is also compliant with those policies within the National Planning Policy Framework (the Framework) which require development to be beautiful and of high quality, which add to the overall quality of an area, and which would be sympathetic to local character. Energy efficiency, low carbon and renewable energy measures 15. Policy DM20 of the LP is referenced within the Council’s first reason for refusal. DM20 specifically relates to development and low carbon and renewable energy. Policy DM9 of the LP is not referenced within the same reason for refusal, but the policy seeks to ensure that development incorporates sustainable design and construction principles that address climate change.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision It was agreed at the hearing that it is a relevant policy. 16. A completed version of the Sustainability Guidance and Checklist (Sustainability Checklist) accompanies the proposal. The Sustainability Checklist is not adopted policy. Rather, it is set out within the document that it is a material consideration to assist decision-makers in the assessment of development proposals. The Sustainability Checklist confirms that on-site renewable energy technologies would not be incorporated into the development, but it also shows that the proposal’s sustainability credentials fair better in some other respects. 17. Policy DM20 of the LP encourages the incorporation of renewable and low carbon energy technologies within new development. In not providing such technologies, the proposal would be in some minor conflict with it. 1 Appeal Decision Reference APP/J1535/W/22/3312966 https://www.gov.uk/planning-inspectorate 3

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 18. However, Policy DM20 only encourages the inclusion of renewable and low carbon energy technologies. It does not set out that they are necessary, nor that a proposed development would be unacceptable without them. This serves to moderate the extent of the conflict with Policy DM20. 19. Furthermore, the content of the completed Sustainability Checklist indicates to me that the proposal would incorporate some sustainable design and construction principles that would address climate change. Moreover, through the imposition of a condition, the final and detailed energy efficiency measures proposed within the development could be refined and agreed. Therefore, the proposal would incorporate energy reduction and efficiency measures of some merit. For this reason, it would comply with Policy DM9. 20. At the hearing, the Council specifically drew to my attention paragraph 164 of the Framework. This paragraph sets out that significant weight should be given to the need to support energy efficiency and low carbon heating improvements to existing buildings. However, as the existing building is to be replaced, I find this paragraph to be of little relevance to the proposal. 21.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision For the reasons given above, I have identified some minor conflict with Policy DM20 of the LP. Nevertheless, the overall provision made for energy efficiency, low carbon and renewable energy measures within the development would be acceptable, and the proposal would be in compliance with LP Policy DM9. The SAC 22. The qualifying features of the SAC are its beech forests on acid soils, its wet heathland with cross-leaved heath, its dry heath and the stag beetle. In summary, the SAC’s conservation objectives are to ensure that the integrity of the site is maintained or restored as appropriate and to ensure that the site contributes to achieving the favourable conservation status of its qualifying features. 23. New residential development could lead to significant effects upon the integrity of the SAC. This could result by reason of the deterioration of air quality due to more people driving within the SAC and in its vicinity. Harmful effects which can derive from increased vehicle movements include toxic effects upon the SAC’s vegetation and the quality of its habitats from the vehicle pollutants.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Harmful effects such as eutrophication, trampling of and erosion of vegetation and the spreading of invasive plants could also result from increased recreational visits to the area. 24. The proposed development would result in 4 additional dwellings. Situated within 3km of the SAC the proposal would be likely to result in an increase in recreational visits to the SAC and more vehicular movements within and around it. In combination with other development in the area, the proposal would be likely to have significant effects upon the SAC by reason of its contribution to the overall levels of recreational activity and vehicular movements which take place and, in turn, the consequential effects of this. This would impede upon the favourable conservation status of the qualifying features of the site being achieved and adversely affect the integrity of it. 25. As such, the Conservation of Habitats and Species Regulations 2017 require that an Appropriate Assessment is carried out. Under this, I must establish the implications of the development proposed on the SAC having regard to any https://www.gov.uk/planning-inspectorate 4

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 measures which could be put in place to avoid or mitigate impact. I have sought further evidence on these matters and Natural England has been consulted. 26. The Epping Forest Strategic Access Management and Monitoring Strategy (SAMM) and the Epping Forest Air Pollution Mitigation Strategy (APMS) set out strategies to prevent the increase of the adverse effects I have described above, and they propose mitigation measures to be deployed. Central to this is the introduction of a clean air zone, awareness raising measures, the improvement of the path and signage network within the SAC, the provision of rangers and a delivery officer. This mitigation is funded by financial contributions obtained from development proposals. 27. The UU dated 11 June 2024 provides for financial contributions of £1,340 towards the forms of air pollution mitigation set out within the APMS and £7,410.52 towards the recreational pressure mitigation measures within the SAMM. Natural England has confirmed that it is content that the financial contributions proposed within the UU would ensure that an adverse effect upon the integrity of the SAC would not result. 28.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Without the UU, an adverse effect upon the integrity of the SAC would be likely to occur. Therefore, the financial contributions are necessary to make the proposed development acceptable, and they are directly related to the appeal scheme. The contribution amounts are proportionately derived from the costs of delivering the mitigation measures, and the Council confirmed at the hearing that they are correct for the additional dwellings which would be delivered. I have no reason to disagree, and these contributions are therefore fairly and reasonably related to the proposed development in scale and kind. The further monitoring contribution included within the UU would help to ensure that the UU is complied with which would, in turn, help to ensure the delivery of the mitigation. 29. Consequently, the UU meets the three tests for planning obligations set out at paragraph 57 of the Framework and Regulation 122 of the CIL Regulations. I therefore give it significant weight in the determination of this appeal. 30.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision For the above reasons, I am satisfied that with the proposed mitigation secured through the UU, the proposed development would not, either alone or in combination with other developments in the area, result in an adverse effect upon the integrity of the SAC. 31. The proposed development therefore complies with policies DM1, DM2, DM22 and SP6 of the LP. Together, these policies require development proposals to protect natural habitats and species, ensure no adverse effects upon the integrity of the SAC and protect sensitive receptors from the effects of air pollution. Other Matters 32. Other development sites within Chigwell may already be contributing to meeting local housing need whilst I note that the Council can demonstrate in excess of 5 years’ worth of housing land supply. However, this does not act as a ceiling to further development. Furthermore, in replacing an existing dwelling, the proposal would make use of previously developed land in order to provide more homes which the Framework sets out should be attributed https://www.gov.uk/planning-inspectorate 5

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 substantial weight. I also have no substantive evidence before me that the addition of the further dwellings proposed would cause harmful effects or pressures upon local services or facilities. 33. Given the site’s proximity to Chigwell underground station, bus stops and some local facilities, the proposal would be located within an accessible location, and I find that the amount of parking proposed would be appropriate. I accept that some of the parking spaces within the basement would be restricted. However, other basement spaces and the parking space on the driveway would be more generously provided for whilst the car lift and turntable proposed would assist with manoeuvres. There is nothing before me to suggest that the proposal would cause harm to highway safety in terms of the access, thus it would comply with Policy T1 of the LP and suitably worded conditions could ensure the amended access and proposed parking are implemented in accordance with the submitted plans. 34. Comings and goings from the proposed building and the operation of the car lift, the turntable and the associated manoeuvring could result in some noise, but this would be intermittent.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Furthermore, details of specific measures to be deployed to limit such effects upon neighbouring occupiers can be agreed under a suitably worded condition. Although some vibration may also result and exhaust fumes would be emitted within the basement, I have not been provided with compelling evidence that the effects of this would be significant or unduly harmful. 35. The proposed building would be set in from the common boundary with No 4, and it would incorporate hipped roof and single storey elements which would ensure that it would not reduce the outlook, sunlight or daylight of the neighbouring occupiers. The imposition of a condition relating to obscure glazing and non-opening side elevation windows together with the separation distance that would be provided from the proposed front balcony would protect the privacy of the occupiers of No 4. Any overlooking from the front and rear elevation windows of the proposed building would be commensurate with that which already prevails in the area and not harmful. Therefore, there would be no harm to the living conditions of the neighbouring occupants whilst the design would also ensure acceptable living conditions for the future occupiers of the proposal. 36.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Other matters pertaining to adequate and suitable cycle and bin storage, biodiversity mitigation and enhancement measures, drainage and the basement excavation could be dealt with by suitably worded conditions. 37. The proposed dwellings would not constitute affordable homes. However, it has not been shown to me that affordable housing is a necessary requirement of the development. 38. Whether the Council’s consultation exercises on the planning application were extensive enough has little to do with the planning merits of the case. I have no reason to believe that the statutory requirement has not been fulfilled nor have I evidence of injustice during the appeal process. Concerns have been expressed to me in relation to the effects of the development upon property values, but this is not a matter to which I can attribute any meaningful weight. 39. Finally, whilst the Parish Council submitted to me that the UU or another form of Section 106 legal agreement should include further financial contributions, it https://www.gov.uk/planning-inspectorate 6

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 has not been shown to me that such planning obligations would meet the tests set out at paragraph 57 of the Framework. Conditions 40. The Statement of Common Ground included a schedule of conditions. To ensure compliance with the advice on conditions contained within the Framework and the Planning Practice Guidance (PPG) and, informed by the discussions held at the hearing, I have amended the schedule. 41. Condition 1 sets out the standard time limitation. Condition 2 is necessary to ensure that the development is carried out in accordance with the approved plans and documents for the reason of certainty. 42. Conditions (11, 18 and 20) to ensure the delivery of the amended access and driveway arrangements, inclusive of the design of any access gates, together with parking arrangements proposed are necessary in the interests of highway safety. To promote sustainable means of travel, conditions (13, 15 and 19) requiring the delivery of electric vehicle charging points, cycle storage and the provision of residential travel information packs are required. 43.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Conditions (4, 9, 10 and 22) to secure the appropriate use of materials, to define tree works, ensure tree protection and, as necessary, tree replacement, and to secure a scheme of landscaping are needed to protect the character and appearance of the area. The trees on site to be retained must be protected before the development works commence so that they are not damaged by demolition and construction activity. Consequently, a pre-commencement condition is necessary in their regard. 44. To ensure that the development is adequately drained I have imposed a condition (6). The appeal site is located within an area the subject of water resource stress. Therefore, I have imposed a condition (17) requiring that a scheme to ensure that each dwelling meets a water efficiency consumption target is agreed and implemented. I have imposed a condition (7) to ensure that the development deploys energy efficiency measures in accordance with LP Policy DM9. 45. A condition (14) to secure the delivery of the ecological enhancement and mitigation measures is necessary in the interests of the promotion of biodiversity.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision In order to promote enhanced digital connectivity I have imposed a condition (16) requiring each dwelling to be served by a superfast broadband network or alternative equivalent service. 46. I have further imposed conditions requiring the devising of a demolition and construction method statement and to control working hours (3 and 23) to ensure that the effects of that phase of the development upon the living conditions of neighbouring occupiers would be acceptable. Conditions (8 and 12) are necessary to protect the living conditions of neighbouring occupiers once the proposed building is occupied. To ensure the site is safe, conditions (5 and 21) regarding potential contamination are necessary. Some of these conditions are pre-commencement conditions as the measures within the construction method statement and which set out site investigation must be agreed before development starts. https://www.gov.uk/planning-inspectorate 7

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/24/3342459 Conclusion 47. Although within one of my three main issues I have identified some minor conflict with LP Policy DM20, I have identified that it would accord with the other LP policies. Therefore, it would accord with the development plan taken as a whole, and that the proposed development is acceptable in regard to all three of my main issues. There are no material considerations which indicate a decision should be made other than in accordance with the development plan. Therefore, I conclude that the appeal should be allowed subject to the conditions in the attached schedule.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones INSPECTOR https://www.gov.uk/planning-inspectorate 8

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones INSPECTOR https://www.gov.uk/planning-inspectorate 8 Appeal Decision APP/J1535/W/24/3342459 Schedule of Conditions 1) The development hereby permitted shall begin not later than three years from the date of this decision. 2) The development hereby permitted shall be carried out and retained strictly in accordance with the following approved plans and documents: TGV-001 TGV-002 TGV-101 TGV-102 TGV-103 TGV-104 TGV-105 TGV-106 TGV-202 TGV-203 TGV-204 TGV-206 TGV-207 TGV-208 TGV-209 VGL-212 Arboricultural Report 191122-PD-11c (and appendices) Basement Impact Assessment Preliminary Ecological Appraisal Incorporating Bat Survey Inspection OS 2642-23-Doc 1 3) No development (including demolition, site clearance, preparatory work or other works) shall take place until a Construction and Demolition Method Statement has been submitted to and approved in writing by the local planning authority.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones The Statement shall provide details of: a) the access and egress arrangements of the development site and any associated directional signage; b) the parking of vehicles for site operatives and visitors; c) the loading and unloading of plant and materials; d) the storage of plant and materials used in demolition and construction; e) site cabins; f) vehicle washing facilities; g) measures to control the emission of dust and dirt during demolition and construction; h) measures to control the emission of noise and vibration during demolition and construction; i) a scheme for recycling/disposing of waste resulting from demolition and construction works; and j) a timetable setting out the timescales for the removal from the site of all material excavated from the below ground works https://www.gov.uk/planning-inspectorate 9

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Appeal Decision APP/J1535/W/24/3342459 The approved Construction and Demolition Method Statement shall be adhered to throughout the demolition and construction phase of the development. 4) No development (including demolition, site clearance, preparatory work or other works) shall take place until all trees and other landscape features scheduled for retention, as detailed within the submitted Arboricultural Report 191122-PD-11c, have been protected in accordance with a scheme of tree protection and an arboricultural method statement which shall have first been submitted to and approved in writing by the local planning authority. Thereafter, all development works shall be undertaken in accordance with the approved scheme of tree protection and arboricultural method statement and the protection measures retained until the completion of the development works.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 5) No development (including demolition, site clearance, preparatory work or other works) shall take place until an assessment of the risks posed by any contamination, carried out in accordance with British Standard BS 10175: Investigation of potentially contaminated sites - Code of Practice and the Environment Agency’s Model Procedures for the Management of Land Contamination (CLR 11) (or equivalent British Standard and Model Procedures if replaced), has been submitted to and approved in writing by the local planning authority. If any contamination is found, no development shall take place until a report specifying the measures to be taken, including the timescales, to remediate the site to render it suitable for the approved development has been submitted to and approved in writing by the local planning authority. Thereafter, the site shall be remediated in accordance with the approved measures and timescales. A verification report shall be submitted to and approved in writing by the local planning authority before the building is occupied.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 6) No development other than demolition, site clearance and preparatory work shall take place until details of the disposal of surface water have been submitted to and approved in writing by the local planning authority. Thereafter, the development shall be carried out in accordance with the approved details and the surface water disposal measures thereafter retained. 7) No development other than demolition and preparatory work shall take place until a scheme of energy efficiency measures to be deployed within the development has been submitted to and approved in writing by the local planning authority. Thereafter, the development shall be carried out in accordance with the approved details and the energy efficiency measures retained. 8) No development other than demolition, site clearance and preparatory work shall take place until details of the measures to be deployed to protect https://www.gov.uk/planning-inspectorate 10

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Appeal Decision APP/J1535/W/24/3342459 existing neighbouring occupiers from noise emitted from the car lift and car turntable have been submitted to and approved in writing by the local planning authority. Thereafter, the development shall be carried out in accordance with the approved details and the measures deployed retained. 9) No construction works above ground level shall take place until a scheme of landscaping has been submitted to and approved in writing by the local planning authority. The scheme shall include: a) details of proposed planting including the species, plant supply sizes, planting locations and plant numbers/densities; b) details of proposed hard surfacing materials including access routes and parking spaces; c) details of means of enclosure, boundary treatments and any retaining structures including details of materials; d) details of levels and contours; e) details of external lighting; and f) a timetable/programme for implementation of the scheme of landscaping which details the trigger points for when the planting, seeding and turfing will take place and be completed and when the hard landscaping works, enclosures, boundaries and retaining structures and lighting will be provided.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Thereafter, the development shall be carried out in accordance with the approved details. Any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species. 10) No construction works above ground level shall take place until details of the types and colours of the external materials and finishes of the building hereby approved have been submitted to and approved in writing by the local planning authority. The development shall thereafter be carried out in accordance with the approved details. 11) The building hereby approved shall not be occupied until the vehicle parking, car lift and turning facility, as shown on the approved plans has been provided. Thereafter, the vehicle parking, car lift and turning facility shall be retained.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 12) The building hereby approved shall not be occupied until the windows within the east facing elevation serving the stairwell, the Flat 5 bathroom and the Flat 4 bathroom have been fitted with obscure glazing and an opening restriction so that no part of those windows that is less than 1.7 metres above the floor level is capable of being opened. If any part of the Flat 5 kitchen roof light is less than 1.7 metres above the floor level then it too shall be obscure glazed and fitted with an opening restriction so that no part of it that is less than 1.7 metres above the floor level is capable of being opened. All obscure glazing shall be obscured to at least level 3 of the Pilkington glass https://www.gov.uk/planning-inspectorate 11

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Appeal Decision APP/J1535/W/24/3342459 privacy scale (or equivalent). Once installed as such, the windows/roof light shall thereafter be retained. 13) The building hereby approved shall not be occupied until a Residential Travel Information Pack for sustainable transport has been supplied to each dwelling. The Residential Travel Information Pack shall include as a part of it six one-day travel vouchers (free of charge) for use with the relevant local public transport operator(s). 14) All development works shall be undertaken in accordance with the recommendations for further action detailed at paragraph 4.2 of the Preliminary Ecological Appraisal Incorporating Bat Survey Inspection OS 2642-23-Doc 1. The building hereby approved shall not be occupied until the bird, bat and invertebrate boxes, proposed as a part of the ecological enhancements identified at paragraph 4.2, have been installed. 15) Electric vehicle charging points shall be provided for all of the car parking spaces shown on the approved plans. The spaces shall be constructed and marked out and the charging points installed prior to the occupation of the building and shall thereafter be retained for the purposes of parking and for no other use.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 16) The building hereby approved shall not be occupied until each dwelling has been provided with the necessary infrastructure to enable its connection to a superfast broadband network or alternative equivalent service. 17) The dwelling hereby permitted shall not be occupied until a scheme has been submitted to and approved in writing by the local planning authority which details the measures to be included to ensure that the dwelling meets the optional Building Regulations requirement G2 – Water Efficiency consumption target of 110 litres or less per head per day. Thereafter, the development shall be carried out in accordance with the approved scheme and the measures thereafter retained. 18) The building hereby approved shall not be occupied until the amended access and proposed driveway have been completed in accordance with the approved plans. Thereafter the driveway and access shall be retained for those purposes. 19) The building hereby approved shall not be occupied until the cycle parking has been provided in accordance with the approved plans. The cycle parking shall thereafter be retained.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 20) Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway. 21) Any contamination that is found during the undertaking of the development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be https://www.gov.uk/planning-inspectorate 12

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones 20) Any gates provided at the vehicular access shall be inward opening only and shall be set back a minimum of 6 metres from the back edge of the carriageway. 21) Any contamination that is found during the undertaking of the development that was not previously identified shall be reported immediately to the local planning authority. Development on the part of the site affected shall be https://www.gov.uk/planning-inspectorate 12

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Appeal Decision APP/J1535/W/24/3342459 suspended and a risk assessment carried out and submitted to and approved in writing by the local planning authority. Where unacceptable risks are found, a remediation scheme, inclusive of a timetable for its implementation, shall be submitted to and approved in writing by the local planning authority. The remediation shall take place in accordance with the approved scheme. The dwelling shall not be occupied until a verification report has been submitted to and approved in writing by the local planning authority. 22) If any tree, shrub or hedge shown to be retained in the submitted Arboricultural Report 191122-PD-11c (and appendices) is removed, uprooted or destroyed, dies, or becomes severely damaged or diseased during development activities or within 3 years of the completion of the development, another tree, shrub or hedge of the same size and species shall be planted within 3 months at the same place.

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones If within a period of five years from the date of planting any replacement tree, shrub or hedge is removed, uprooted or destroyed, or dies or becomes seriously damaged or defective another tree, shrub or hedge of the same species and size as that originally planted shall, within 3 months, be planted at the same place. 23) All construction and demolition works, ancillary operations and the related operation of plant and machinery, other than those internal works that would not be audible at the site boundary, shall take place between the hours of 08:00 and 18:00 on Mondays to Fridays inclusive and 08:00 and 13:00 on Saturdays and at no time on Sundays or on Bank or Public Holidays. End of Schedule https://www.gov.uk/planning-inspectorate 13

2 Courtland Drive, Chigwell, Essex, IG7 6PN — Epping Forest District Council — H Jones Appeal Decision APP/J1535/W/24/3342459 Appearances FOR THE APPELLANT: John Digwa Megabay Ltd (appellant) Danny Simmonds RPS Charlie Biss CBA FOR THE LOCAL PLANNING AUTHORITY: Nicola Bickerstaff Senior Planning Officer Rhian Thorley Assistant Planning Officer INTERESTED PERSONS: Cllr Celina Jefcoate Chigwell Parish Council Patrick Ward Local resident Jeff Marriott Local resident Sharon Welley Local resident https://www.gov.uk/planning-inspectorate 14