5 Connaught Road, Rayleigh, Essex, SS6 8UT

Planning appeal 3256636 at 5 Connaught Road, Rayleigh, Essex, SS6 8UT (Rochford District Council) was allowed on 28 September 2021 by Inspector Savage M, by written representations. The main issue, as the Inspector framed it: the effect of the appeal scheme on the living conditions of the occupants of No 6A Lancaster Road, having particular regard to outlook.

without planning permission, the erection of a detached outbuilding, the approximate position of which is shown hatched and labelled B on the attached Plan 2 (and referred to in this notice as “the New Building”)

Authority: Rochford District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: other · Householder developments
Inspector: Savage M
Postcode: SS6 8UT

Main issues, as the Inspector framed them

the effect of the appeal scheme on the living conditions of the occupants of No 6A Lancaster Road, having particular regard to outlook
the character and appearance of the area

What decided it

The fallback position—that the appellant could lawfully construct a similar outbuilding up to 2.5m under permitted development rights or up to 3m under extant planning permission—is a material consideration that outweighs the conflict with the development plan.

The conflict with Policy DM1 of the DMP and the Framework was outweighed by the fallback position, which provides a lawful alternative that would have a similar effect on neighbouring amenity.

What the Inspector cited

Development plan policies: Policy DM1 of the Development Management PlanPolicy CP1 of the Core Strategy
Judgments: Tesco Stores Ltd v Secretary of State for the Environment & Ors [1995] UKHL 22

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 applied

The decision letter

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More decisions in Rochford

The authority’s record since 2016 · every decision in 2021

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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.