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Planning appeal decision

Planning permission granted8 October 20213270383

107 Argyle Street, Cambridge, CB1 3LS

Planning appeal 3270383 at 107 Argyle Street, Cambridge, CB1 3LS (Cambridge City Council) was allowed on 8 October 2021 by Inspector Dyer S, by written representations. The main issue, as the Inspector framed it: the effect of the rear boundary fence and canopy on the character and appearance of the area.

without planning permission, the unauthorised erection of a boundary fence structure in excess of parameters of permitted development rights within The Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 2 Class A (outlined in blue on attached plan for identification purposes only), along with the erection of a canopy made of recycled plastic to the side of the premises not in accordance with permitted development conditions laid out within The Town and Country Planning (General Permitted Development) (England) Order 2015 Schedule 2 Part 1 Class A (outlined in green on attached plan for identification purposes only) at the Land

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Dyer S
Postcode
CB1 3LS

Main issues, as the Inspector framed them

  • the effect of the rear boundary fence and canopy on the character and appearance of the area
  • the effect of the rear boundary fence and canopy on the living conditions of neighbouring occupiers with regard to outlook

What decided it

The fallback position inherent in the enforcement notice requirements, which would allow substantial retention of the fence at compliant height with only marginal reduction in harm, made refusal of the deemed planning application disproportionate.

The potential fallback position of a compliant fence (reducing harm only marginally) was weighed against the previous Inspector's findings of harm, leading to the conclusion that refusal would be disproportionate; the canopy was found to accord with development plan policies supporting well-designed places responsive to context.

What the Inspector cited

Development plan policies
Policy 55Policy 56

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 Cambridge

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.