Appeal 3376650

The appeal is allowed and planning permission is granted for raising height of current brick wall and inclusion of railings at [site address] , Loughton, [postcode] in accordance with the terms of the application, [name]/1373/25, and the plans submitted with it, subject to the following conditions: -

The development hereby permitted shall begin not later than three years from the date of this decision.

The brickwork to be used in the construction of the external surfaces of the development hereby permitted shall match those of the existing wall.

A separate application for costs has been submitted by [name] against Epping Forest District Council. This application is the subject of a separate

The Council state in their decision notice that the submitted plans are not sufficiently clear or precise, causing confusion as to what exactly is being proposed and its siting in relation to the plot. On the basis of the information before me it is clear that the proposal is for a replacement wall with pillars no taller than 1.8 metres in the same locations as present, connected by lower sections of brick, no greater than 1 metre in hight, surmounted by railings. I find this sufficient to determine the proposal before me and have proceeded on this basis.

The description of development provided on the application form is lengthy and contains information that is not descriptive of the development. I have, therefore, used the description of development as it appears in the Council’s decision notice as this provides sufficient information to identify what is being proposed.

The Council cites conflict with Policy DM9 of the Epping Forest District Council Local Plan 2011-2033 (2023) (the Local Plan), which relates to design, in its single reason for refusal. Therefore the above the main issue in this appeal is the effect of the proposal on the character and appearance of the site and the surrounding area.

At the time of my site visit I noted the presence in the immediate area, at 24 and [address], and [address], of boundaries that have a similar design to that of the proposal. Thus, the design of the proposal would not be out-of-keeping with the area and thus would not be visually harmful.

I therefore conclude that the proposal would not have a harmful effect on the site or the surrounding area. It therefore complies with the aims of Policy DM9 of the Local Plan in as much as this seeks, amongst other things, to ensure that all new development must achieve a high quality of design and contribute to the distinctive character and amenity of the local area, relating positively to its context, and drawing on the local character.

I have considered the conditions proposed by the Council and have added, at their suggestion. a condition limiting the lifespan of the permission to prevent the accumulation of unimplemented permissions.

I have also included the condition suggested by the Council to ensure that the bricks used in construction match those in the existing wall to protect local visual amenity. In this way the aims of Policy DM9 of the Local Plan are achieved. However, I have amended the Council’s suggested wording for clarity.

For the reasons given above the appeal should be allowed.