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Planning appeal decision

Allowed21 July 20213266253

14 Whitchurch Road, Pangbourne, Reading, RG8 7BP

Planning appeal 3266253 at 14 Whitchurch Road, Pangbourne, Reading, RG8 7BP (West Berkshire District Council) was allowed on 21 July 2021 by Inspector Franks Z, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to issue a certificate of lawfulness was well-founded.

Use of second floor attic flat as a single dwellinghouse

Authority
West Berkshire District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Franks Z
Postcode
RG8 7BP

Main issues, as the Inspector framed them

  • Whether the Council's refusal to issue a certificate of lawfulness was well-founded

What decided it

The physical separation of the flat from the restaurant by an intervening residential floor, combined with its self-contained nature, separate entrance, and Council Tax registration as residential since 1993, established it as a separate planning unit with its own primary residential use, not ancillary to the commercial use below.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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 West Berkshire

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

  1. Allowed9 October 20266011720
    Birchwood House, Kiln Ride, Upper Basildon, Reading, RG8 8TA
  2. Allowed7 October 20266009778
    Middlewood House, Carbinswood Lane, Woolhampton, RG7 5TS
  3. Allowed29 September 20266012621
    Land South of Sandhill, Hampstead Norreys Road, Hermitage, Thatcham, RG18 9XU
  4. Dismissed28 September 20266009359
    76 Mallard Way, Aldermaston, Reading, RG7 4US
  5. Allowed9 September 20266011886
    Land South Of The Rancher, Manor Farm Lane, Reading, RG8 8EX

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.