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Planning appeal decision

Split Decision26 January 20223254137

40 Erleigh Court Gardens, Earley, Wokingham, RG6 1EH

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

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.

Framework references: 111

Plan policies cited: Policy CC06, Policy CP1, Policy CP3, Policy CP6

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.