# 26 Stirling Avenue, Leigh-on-Sea

- **Decision:** allowed, 17 September 2026
- **Decided by:** Planning Inspector: Jonathan Price
- **Authority:** Southend-on-Sea (East of England)
- **Appeal reference:** 6011040
- **Application reference:** 26/00052/FUL
- **Procedure:** written-representations
- **Development:** New 3-bed chalet-bungalow dwelling in rear garden of corner plot fronting Bailey Road
- **Homes:** 1
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** S4(1), HO7(1), L2(1)(d)
- **Development plan policies:** Southend Core Strategy 2007 KP2, CP4, Development Management Document 2015 DM1, DM2, DM3, Design and Townscape Guide 2009
- **Main issues:** character and appearance
- **Tags:** s4-within-settlement, s4-approve, small-scheme, parties-consulted-on-2026-framework, l2-curtilage-substantial-weight, previous-appeal-overcome

## Summary
Garden-plot dwelling on a corner return frontage, where a two-storey house had been dismissed on appeal in 2019. Redesigned as a chalet bungalow and allowed. There was no character harm, and the S4 presumption applied with substantial weight to both HO7 housing benefit and L2(1)(d) curtilage development.

## Issues and findings
- **Transition.** Parties were consulted (DL ¶2).
- **Character, DP3 and local policy: PASS.** "being cramped in a physical sense, in relation to occupying a large proportion of the plot, would not manifest itself in a visual sense in terms of street scene appearance" (DL ¶12). Local policies "remain consistent with those of the Framework over achieving well-designed places" (DL ¶14).
- **S4 / HO7 / L2.** "development proposals within settlements should be approved unless the benefits … would be substantially outweighed … The Framework requires substantial weight be given to the benefits of providing homes … the Framework also requires substantial weight be given to the benefits of creating additional homes within existing plots … through additional units within residential curtilages, provided this is consistent with the overall street scene. Quite clearly, this proposal gains substantial support from the Framework" (DL ¶19).
- **Conditions, DM6.** Applied as a filter. No pre-commencement construction management plan, because there was "no clear justification" for one; PD rights were removed, with justification from the small plot (DL ¶¶20–25).

## Planning balance
Plan compliance plus S4(1) presumption. Two substantial-weight benefits (HO7(1) and L2(1)(d)), with no adverse effects found.

## What made the difference
Cutting the scale from two storeys to a chalet answered the 2019 Inspector's bulk and openness concerns. Existing structures already limited the verdant views that had previously been protected (DL ¶11).

## Transferable points
- L2(1)(d) gives substantial weight to additional units within residential curtilages "provided this is consistent with the overall street scene", on top of HO7(1) housing weight (DL ¶19).
- Being physically tight on a plot is not the same as appearing cramped in the street scene (DL ¶12).
- DM6 is used to strip unjustified pre-commencement conditions on small schemes (DL ¶25).

## Policy findings
- **DP3: pass.** chalet form steps down from 2-storey neighbours; physically tight plot not "cramped" visually; reflects grain (DL 11-14)
- **S4(1): pass.** within settlement — adverse effects do not substantially outweigh (DL 19)
- **HO7(1): benefit (substantial weight).** evidenced housing need in Southend (DL 19)
- **L2(1)(d): benefit (substantial weight).** additional unit within residential curtilage, consistent with street scene (DL 19)
- **DM6: neutral.** conditions reviewed against DM6 — no pre-commencement CMP (no clear justification); PD rights removed with clear justification (small plot); M4(2) condition with plan justification (DL 20-25)

## Key facts
- Previous two-storey house on the same garden plot dismissed on appeal in 2019 (APP/D1590/W/18/3208223)
- Revised to chalet bungalow; existing garage and outbuilding already limit views of rear-garden greenery
- Parties consulted on revised Framework (DL 2)

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/8099ce69-22b8-49f6-a56e-12c4f327d3a7
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6011040

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6011040.html

A summary of a public planning decision, written from the decision letter. Not legal advice. © Planning Distilled. Released under the Creative Commons Attribution 4.0 licence (https://creativecommons.org/licenses/by/4.0/): share and adapt freely, with credit to Planning Distilled. Quotations from decision letters, plans and the Framework remain the copyright of their publishers.