6 Horace Road, Billericay, Essex, CM11 1AA
Basildon District Council — appeal allowed
- Outcome
- Allowed
- Decision date
- 10 March 2025
- Authority
- Basildon District Council
- Inspector
- Leigh C
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Planning Appeals - Other
- Development type
- Other minor developments
- Appellant
- Martin Windsor
- LPA reference
- 24/00155/VAR
- ONS LPA code
- E07000066
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 27 September 2024
Summary AI
The appeal was allowed due to the inspector's judgment that the amended plans would not harm the character of the surrounding area. The proposed development would fit comfortably within the street scene and respond appropriately to the context of neighbouring houses and the wider locality.
PDF text
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision Site visit made on 12 February 2025 by C J Leigh BSc(Hons) MPhil MRTPI an Inspector appointed by the Secretary of State Decision date: 10 March 2025 Appeal Ref: APP/V1505/W/24/3351761 6 Horace Road, Billericay, Essex, CM11 1AA • The appeal is made under section 78 of the Town and Country Planning Act 1990 (as amended) against a refusal to grant planning permission under section 73 of the Town and Country Planning Act 1990 for the development of land without complying with conditions subject to which a previous planning permission was granted. • The appeal is made by Martin Windsor against the decision of Basildon Borough Council. • The application Ref is 24/00155/VAR. • The application sought planning permission for alterations and extensions to existing bungalow to form two storey dwellinghouse and part single and part first floor rear extension without complying with a condition attached to planning permission Ref 23/00068/FULL, dated 13 June 2023. • The condition in dispute is No. 2 which states that: The development hereby permitted shall only be carried out in complete accordance with the following approved plans: (22) 07/11 EX01 and (22) 07/11 PL01 Revision D.
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision • The reason given for the condition is: For the avoidance of doubt and in the interest of proper planning. Decision 1. The appeal is allowed and planning permission is granted for alterations and extensions to existing bungalow to form two storey dwellinghouse and part single and part first floor rear extension at 6 Horace Road, Billericay, Essex, CM11 1AA in accordance with the application Ref 24/00155/VAR, without compliance with condition number 2 previously imposed on planning permission Ref 23/00068/FULL dated 13 June 2023 and subject to the following conditions: 1) The development hereby permitted shall be begun before the expiration of three years from the date of this permission. 2) The development hereby permitted shall only be carried out in complete accordance with the following approved plans: (22) 07/11 EX01 and (22) 07/11 PL01 Revision E. 3) The external surfaces of the development hereby approved shall be constructed of materials and finish as detailed within the application, unless otherwise agreed in writing by the local planning authority. 4) The windows in the first-floor flank walls shall be obscurely glazed to a minimum privacy level 3. These qualities should thereafter be permanently maintained.
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision Reasons 2. The main issue in this appeal is the effect of the proposed development on the character and appearance of the area. https://www.gov.uk/planning-inspectorate
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision Reasons 2. The main issue in this appeal is the effect of the proposed development on the character and appearance of the area. https://www.gov.uk/planning-inspectorate
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision Appeal Decision APP/V1505/W/24/3351761 3. Planning application 23/00068/FULL allowed extensions to the property which would have a staggered side elevation on the boundary with No. 8 Horace Road, whereby the first floor does not align with the ground floor elevation, so as to provide a distance of 1m to No. 8 at first floor. 4. The proposed alteration to the approved drawings would remove this set-in at first floor, hence leading to a 0.59m gap. The alignment with the ground floor is said by the appellant to improve construction work and avoid complex steelworks and foundation strengthening. 5. I saw at my site there is a very diverse character to the road. Two storey houses sit next to bungalows and other two storey houses, with differences in roof pitches, gable frontages, bay windows, use of materials, dormer windows, and the spacing between buildings at both ground and first floor. There have been a number of recent developments in the area. 6. Within this mixed character I saw a number of properties which lie close to their boundaries, and have limited spacing to their neighbours.
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision Due to the wide diversity in form and appearance of houses, this pattern of development does not lead to a cramped or terraced form of housing in the area; it is part of the character of the area as it has evidently evolved over the years. 7. I acknowledge that the Council’s requirement in the approved application was to provide a larger gap at first floor. However, in my judgement from viewing the site and wider area, spacing to that degree is not crucial to ensuring the form of extensions to the appeal property accords with the character of that area. The smaller gap that would be created by the amended plans would still result in an extended house that fits comfortably within the street scene, and responds appropriately to the context of neighbouring houses and the wider locality. 8. Policy BAS BE12 requires extensions to existing dwellings to not materially harm the character of the surrounding area, including the street scene. The proposed development would not lead to any material harm, and hence the appeal is allowed. 9.
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — Appeal Decision I have attached the previous conditions to this grant of permission in the interests of securing a satisfactory appearance to the development, and to ensure no harm to the living conditions of adjoining occupiers.
6 Horace Road, Billericay, Essex, CM11 1AA — Basildon District Council — C J Leigh INSPECTOR https://www.gov.uk/planning-inspectorate 2
Main issues and findings
Character and appearance For appellant ¶7
The inspector judged that the smaller gap created by the amended plans would not be crucial to ensuring the form of extensions accords with the character of the area, and that the proposed development would still result in an extended house that fits comfortably within the street scene.
Character and appearance Against appellant ¶4
The inspector acknowledged that the Council's requirement was to provide a larger gap at first floor, but judged that a smaller gap would still result in an extended house that fits comfortably within the street scene.
Living conditions Against appellant ¶9
The inspector ensured that the previous conditions were attached to the grant of permission to secure a satisfactory appearance to the development and to ensure no harm to the living conditions of adjoining occupiers.
Policies relied on
| Reference | Weight |
|---|---|
| BAS BE12 |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 2 pages, issued by the Planning Inspectorate on 10 March 2025 under the Open Government Licence.