®Planning appeal decision
40 Erleigh Court Gardens, Earley, Wokingham, RG6 1EH
Planning appeal 3254137 at 40 Erleigh Court Gardens, Earley, Wokingham, RG6 1EH (Wokingham Borough Council) was allowed in part (a split decision) on 26 January 2022 by Inspector Moss J, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the living conditions of the occupiers of the appeal site and the adjoining residential properties, with particular regard to any noise and disturbance that might be generated by the development.
described in the application form as: Teaching of kids, maximum of 10 kids. I have been teaching from 2014 to family and friends. Recently through word of month more families have approached me to teach their kids hence the number has gone to 9. Summary
- Authority
- Wokingham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- community-institutional · Change of use
- Inspector
- Moss J
- Postcode
- RG6 1EH
Main issues, as the Inspector framed them
- The effect of the development on the living conditions of the occupiers of the appeal site and the adjoining residential properties, with particular regard to any noise and disturbance that might be generated by the development
- Whether or not the development results in inconveniences for road users and is prejudicial to highway safety, with regard to any vehicle movements to and from the site, and any additional demand for on street parking
What decided it
The disadvantage to pupils sharing a protected characteristic if the appeals were dismissed, combined with the unresolved effect of a recent traffic regulation order on highway safety, led the Inspector to grant a temporary one-year permission rather than dismiss the appeals outright.
The benefit of avoiding disadvantage to pupils sharing a protected characteristic under the Public Sector Equality Duty outweighed the unresolved uncertainty over highway safety, tipping the balance in favour of granting a temporary one-year permission rather than dismissal.
What the Inspector cited
- Development plan policies
- Policy CC06Policy CP1Policy CP3Policy CP6
- National Planning Policy Framework
- Paragraph 111
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Wokingham Borough Council
The authority’s record since 2016 · every decision in 2022
- Dismissed21 July 20266008845Pound Lane Cottage, Pound Lane, Hurst, RG10 0RS
- Allowed8 June 20263371069Land North of Reading Road, Arborfield, RG2 9HN
- Notice varied and upheld1 May 20263346384Old Billingbear Brickworks, Carters Hill, Binfield, Wokingham, RG40 5RS
- Notice upheld10 March 20263374730Land at Gravelley Bridge Farm, Grazeley Green Road, Grazeley, Reading, RG7 1LG
- Dismissed9 March 20263361360Land West of Limmerhill Road, Wokingham, RG41 4BY
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.