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Planning appeal decision

Notice varied and upheld8 November 20213262239

Queen Acre Cottage Windsor Road, Water Oakley, Windsor, SL4 5UJ

Planning appeal 3262239 at Queen Acre Cottage Windsor Road, Water Oakley, Windsor, SL4 5UJ (Royal Borough of Windsor and Maidenhead) was allowed in part (a split decision) on 8 November 2021 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).

Without planning permission, the material change of use of the land from a mixed use comprising dwellinghouse and agricultural land (sue generis), to a mixed use comprising dwellinghouse and the sale and display for sale of motor vehicles (sue generis); which incorporates the formation of hardstanding, to facilitate the use of the sale and display for sale of motor vehicles, and the material change of use of an existing outbuilding from incidental residential use to an office use. And. Without planning permission, the erection of an outbuilding

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Moss J

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • Whether at the date the notice was issued enforcement action could be taken (ground d)
  • Whether the steps required to comply with the notice are excessive (ground f)
  • Whether the period specified in the notice is reasonable (ground g)

What decided it

The requirement to remove all office paraphernalia from the outbuilding was excessive because the outbuilding could lawfully be used as a home office with such furniture, interfering with the appellant's rights under section 57(4) of the 1990 Act.

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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.

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