Planning appeal decision
Plots 4, 4A, 5, 5A Hepworth Drive, Swallownest, Sheffield, S26 4RS
Planning appeal 3265333 at Plots 4, 4A, 5, 5A Hepworth Drive, Swallownest, Sheffield, S26 4RS (Rotherham Metropolitan Borough Council) was allowed in part (a split decision) on 21 February 2022 by Inspector Merrett R, following a hearing. The main issue, as the Inspector framed it: The effect of the development on the living conditions of neighbouring residents with particular regard to i) privacy of the rear garden area of No 20 Hepworth Drive; ii) outlook in relation to the rear of No 8 Doctors Row and iii) outlook in relation to the rear of properties situated on Shaldon Grove.
Erection of a pair of semi-detached houses and two detached houses (Plots 4, 4A, 5 and 5A)
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- The effect of the development on the living conditions of neighbouring residents with particular regard to i) privacy of the rear garden area of No 20 Hepworth Drive; ii) outlook in relation to the rear of No 8 Doctors Row and iii) outlook in relation to the rear of properties situated on Shaldon Grove
What decided it
The overbearing effect of the Plot 5 dwelling on the outlook and living conditions of No 8 Doctors Row
What the Inspector cited
- Development plan policies
- Policy SP 55 of the Rotherham Local Plan (Sites and Policies) 2018
- Judgments
- Tapecrown Ltd v FSS & the Vale of White Horse DC [2006] EWCA Civ 1744; Bhandal v SSHCLG & Bromsgrove DC [2020] EWHC 2724 (Admin)
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 appliedThe decision letter
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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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