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Planning appeal decision

Notice varied and upheld26 July 20213262510

34 Eldon Terrace, Reading, RG1 6AL

Planning appeal 3262510 at 34 Eldon Terrace, Reading, RG1 6AL (Reading Borough Council) was allowed in part (a split decision) on 26 July 2021 by Inspector Hand S, following a hearing. The main issue, as the Inspector framed it: The ground (a) appeal is limited to two issues. Firstly the amenity of the occupiers of the flats by way of adequate daylight, sunlight and outlook; and secondly the effect of introducing a plinth into the flats to help ameliorate any problems that flow from the first issue.

it appears to the Council that the development permitted under the planning permission dated 30th November 2004 under LPA Ref 04/00344/FUL (now 041115) has not been completed in accordance with the approved plans namely (amongst other things which are the subject of other Notices) the landscaping to the frontage of the Land. The creation of the hardstanding to the frontage of the Land is consequently unauthorised development which would not be granted planning permission

Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Hand S
Postcode
RG1 6AL

Main issues, as the Inspector framed them

  • The ground (a) appeal is limited to two issues. Firstly the amenity of the occupiers of the flats by way of adequate daylight, sunlight and outlook; and secondly the effect of introducing a plinth into the flats to help ameliorate any problems that flow from the first issue.

What decided it

The basement flats' occupiers lacked adequate daylight and sunlight, harming living conditions contrary to Policy CC8, so planning permission for the residential use was refused on ground (a).

the harm to occupiers' living conditions from inadequate daylight/sunlight outweighed the appellant's proposed mitigation (plinth scheme), so the unauthorised residential use could not be permitted

What the Inspector cited

Development plan policies
Policy CC8

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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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.