20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG
Epping Forest District Council — appeal dismissed
- Outcome
- Dismissed
- Decision date
- 27 March 2026
- Authority
- Epping Forest District Council
- Inspector
- Fallon R
- Procedure
- Written Representations
- Casework type
- Planning Appeal
- Type detail
- Unknown
- Development type
- Minor Dwellings
- Appellant
- Mr Ozcan Hassan
- LPA reference
- EPF/0020/25
- ONS LPA code
- E07000072
- Jurisdiction
- Transferred
- Link status
- Not Linked
- Start date
- 17 June 2025
Summary AI
The appeal for a new dwelling house at Pinnacles was dismissed due to the proposed development's impact on the area's character and appearance. The Inspector found that the scheme would not respect the established urban grain and design context, and would harm the spacious and open character of the area.
PDF text
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision Site visit made on 19 February 2026 by Robert Fallon B.Sc. (Hons) PGDipTP MRTPI an Inspector appointed by the Secretary of State Decision date: 27 March 2026 Appeal Ref: APP/J1535/W/25/3367648 20 Pinnacles, Waltham Abbey, EN9 1TG • 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 Ozcan Hassan against the decision of Epping Forest District Council. • The application Ref is EPF/0020/25. • The development proposed is a new self-build dwelling house with solar panels, cycle storage, bin storage etc. Decision 1. The appeal is dismissed. Main Issue 2. The main issue is the effect of the development on the character and appearance of the area. Reasons Appeal site context 3. Pinnacles is a small cul-de-sac that forms part of a post-WWII estate characterised by consistent building lines and houses fronting onto pedestrian footpaths with small areas of greenspace and spacious corner plots. These are linked to public roads and private garage courts where residents park their vehicles. Overall, I found the estate to have an open and spacious character. 4.
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision The appeal site, which has been subdivided from No 20 Pinnacles, previously formed its side garden. A particular feature of this part of the estate is the strong rhythm created by Nos 10 to 20 Pinnacles, 3 pairs of semi-detached dwellings constructed to the same architectural design with equal separation gaps. This is reinforced by 4 further pairs of semi-detached dwellings on Fairways, which are also of the same architectural design with equal separation gaps. The effect of the development on the character and appearance of the area 5. The existing side elevation of No 20 aligns with the front building line of the 4 pairs of semi-detached properties on Fairways. The proposed scheme would obliterate this feature and substantially erode the openness of the appeal site. Furthermore, its narrow first floor rear elevation and lower roof ridgeline above the recessed link to No 20 would be wholly out of character with the consistent built-form rhythm of Nos 10-20. As a consequence, this would harm the spacious and open character of this part of Fairways and not respect the established urban grain, design context and layout of the area. https://www.gov.uk/planning-inspectorate
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision Appeal Decision APP/J1535/W/25/3367648 6. Although the proposed dwelling would be finished in similar materials to surrounding properties, this would not mitigate the harm identified above. 7. In light of the above, I conclude that the development conflicts with Policy DM9(D) of the Local Plan1 which seeks, among other things, to ensure that development proposals relate positively to their locality having regard to;- (1) the form, scale and massing around the site; (2) the network of routes and spaces connecting locally; and (3) the rhythm of neighbouring plot/building widths and existing building lines. 8. I also find that the scheme conflicts with Paragraph 135 of the Framework2 which seeks, amongst other things, development that;- (1) will add to the overall quality of the area; (2) is sympathetic to local character, including the surrounding built environment and landscape setting; and (3) will maintain a strong sense of place, using the arrangement of streets, spaces and building types to create attractive, welcoming and distinctive places to live. 9. Despite the Council having referred to Policy DM10 of the Local Plan in its reason for refusal, this is not applicable as it primarily relates to housing standards.
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision Other Matters 10. The appeal site is within the zone of influence for the Epping Forest Special Area of Conservation (SAC), which is protected by the Conservation of Species and Habitats Regulations 2017. Although the appellant has agreed to make a financial contribution to mitigate the effects on this, there is no signed and dated planning obligation before me to secure this. However, because I am dismissing the appeal for other reasons, I have not pursued this matter further because it would not have led me to a different conclusion. Planning balance 11. The appellant asserts that the scheme accords with Paragraph 124 of the Framework in that it represents an effective use of land in meeting the need for homes. However, this paragraph also states that this should occur whilst ‘safeguarding and improving the environment’, which I have concluded that the development would not. 12.
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision The scheme would result in benefits from; - (a) the provision of an energy-efficient dwelling in a sustainable location; (b) future occupiers contributing to the vitality and viability of shops, services, facilities, businesses and community organisations in the surrounding area; (c) improvements to the ecological value of the site from biodiversity net gain; and (d) local employment during construction. However, given the small size of the development in terms of housing units, I consider these benefits to be of limited value. On this basis, when assessed against the policies in the development plan and other material considerations, it is my view that the adverse impacts of the scheme outweigh these benefits. 13. My attention has been drawn by the appellant to an appeal decision for a nearby site where the Inspector held that ‘modest infill development can be successfully accommodated without harm to local character where it respects established patterns of development’. However, I see no conflict between this and my decision 1 Epping Forest District, Local Plan 2011-2033, Part One, Adopted March 2023, Epping Forest District Council.
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Appeal Decision 2 National Planning Policy Framework, Ministry of Housing, Communities and Local Government, 12 December 2024 (as amended on 7 February 2025). https://www.gov.uk/planning-inspectorate 2 Appeal Decision APP/J1535/W/25/3367648 as I have concluded that the scheme would not respect the established pattern of development. 14. In view of the above, I conclude that the proposal does not accord with the development plan and that other material considerations do not indicate that the proposal should be determined other than in accordance with this. Conclusion 15. For the reasons given above the appeal should be dismissed.
20 Pinnacles, EN9 1TG, Waltham Abbey, EN9 1TG — Epping Forest District Council — Robert Fallon INSPECTOR https://www.gov.uk/planning-inspectorate 3
Main issues and findings
Character and appearance Against appellant ¶5
The proposed scheme would obliterate a feature of the estate's character and erode its openness. The narrow first floor rear elevation and lower roof ridgeline would be out of character with the consistent built-form rhythm of the area.
Planning obligations Against appellant ¶10
There was no signed and dated planning obligation to secure mitigation for the effects on the Epping Forest Special Area of Conservation.
Other Against appellant ¶11
The development would not safeguard and improve the environment, as required by Paragraph 124 of the Framework.
Character and appearance Against appellant ¶5
The proposed scheme would obliterate a feature of the estate's character and erode its openness. The narrow first floor rear elevation and lower roof ridgeline would be out of character with the consistent built-form rhythm of the area.
Other Against appellant ¶7
The development conflicts with Policy DM9(D) of the Local Plan, which seeks to ensure that development proposals relate positively to their locality.
Other Against appellant ¶8
The development conflicts with Paragraph 135 of the Framework, which seeks development that will add to the overall quality of the area and be sympathetic to local character.
Policies relied on
| Reference | Weight |
|---|---|
| Policy DM9(D) of the Local Plan |
Determinative |
| Paragraph 135 of the Framework |
Determinative |
Site constraints from the Casework Database
Source
Decision letter, 3 pages, issued by the Planning Inspectorate on 27 March 2026 under the Open Government Licence.