| No. | Condition Text |
|---|
| 1. | The PPG states that a Section 73 application cannot be used to change the description of development. This is supported by the Court of Appeal judgement in Finney v Welsh Ministers & Ors (Rev 1) (2019) EWCA CIV 1868. The provision of roof accommodation and additional bedrooms would differ materially from the description of development on the original decision notice which cannot be varied under Section 73. |
| 2. | The proposed dormer windows front and rear, gabled ends and resultant appearance of the dwelling would be entirely different from the scheme received permission through appeal reference, APP/B5480/W/21/3267812. The proposed revised scheme would appear as cramped, with particular reference to the resulting top heavy roof design, in prominent location, as opposed to the modest scaled building with modest pitched / hipped roof approved. In these regards the proposal is contrary to the guidance set out in the Residential Extensions and Alterations SPD, and the polices Policies 7 and 26 set in Havering Local Plan 2016-2031, as well as the NPPF which requires fundamentally at Para 130 that development add to the overall quality of the area and maintain a strong sense of place. |
| 3. | The provision of a dormer window to the rear of the dwelling would lead to direct overlooking of neighbouring properties fronting Junction Road in an arrangement not comparable to the existing. This would be unneighbourly and detrimental to the amenity of those occupants, the proposals are therefore contrary to the guidance contained within the Residential Extensions and Alterations SPD, Havering Local Plan 2016-2031 Policies 7 and 26, as well as the NPPF which requires fundamentally at Para 130 where it requires that development provide a high standard of amenity for existing and future users. |
| 4. | The proposals would not provide a suitably high quality living environment through failing to align with minimum internal spacing requirements (GIA). Further to this the applicant has not demonstrated that adequate headroom would be provided throughout consistent with those objectives. The development would therefore be contrary to Policy D6 of the London Plan 2021, Policy 7 of the Havering Local Plan 2016-2031 and the objectives of the Framework at Para 130 where it requires that development proviode a high standard of amenity for existing and future users. |
| 5. | Statement Required by Article 35 (2) of the Town and Country Planning (Development Management Procedure) (England) Order 2015: Consideration was given to seeking amendments, but given conflict with adopted planning policy, notification of intended refusal and the reason(s) for it was given to the agent in writing 22-05-2023 |
| 6. | The proposal, if granted planning permission on appeal, would be liable for the Mayor of London and Havering Community Infrastructure Levy (CIL). Based upon the information supplied with the application, the Mayoral CIL payable would be £1,150 based on the calculation of £25.00 per square metre and the Havering Community Infrastructure Levy (HCIL) would be a charge of £5,750 based on calculation of £125 per square metre. Each would be subject to indexation.
Further details with regard to CIL are available from the Council's website. |
