®Planning appeal decision
5 Connaught Road, RAYLEIGH, Essex, SS6 8UT
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
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.
Plan policies cited: Policy DM1 of the Development Management Plan, Policy CP1 of the Core Strategy
Judgments cited: Tesco Stores Ltd v Secretary of State for the Environment & Ors [1995] UKHL 22
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.