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Planning appeal decision

Planning permission granted2 November 20213266381

37 Western Avenue, Thorpe Village, EGHAM, Surrey, TW20 8QB

Authority
Runnymede Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones R

Main issues, as the Inspector framed them

  • whether there are any material changes in circumstances and/or other considerations that lead to a differing view on the effect and acceptability of the alleged development on the living conditions of the occupiers of No 39, with particular regard to outlook and privacy
  • if not, whether unacceptable harm can be avoided by an amended scheme, and whether such a scheme can be appropriately secured

What decided it

The creation of a hip to the roof facing No 39, reducing the ridge height by approximately 840mm and the roof overhang to 100mm, would provide a meaningful reduction in the mass and bulk of the extension and overcome the unacceptable harm to outlook from the neighbouring property.

The harm to the living conditions of the occupiers of No 39 arising from the proximity and overbearing presence of the extension as built was outweighed by the ability to modify the scheme to remove that unacceptable harm, thereby making the development acceptable in planning terms without requiring demolition and rebuilding.

Framework references: 130

Plan policies cited: Policy EE1 of the Runnymede 2030 Local Plan

Judgments cited: Ahmed v SSCLG & Hackney LBC [2014] EWCA Civ 566; R (oao Banghard) v Bedford BC [2017] EWHC 2391 (Admin); Bhandal v SSHCLG & Bromsgrove DC [2020] EWHC 2724 (Admin)

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.