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Planning appeal decision

Allowed23 July 20213270607

114 Downs View, Bradford-on-Avon, BA15 1PW

Planning appeal 3270607 at 114 Downs View, Bradford-on-Avon, BA15 1PW (Wiltshire Council) was allowed on 23 July 2021 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether the provision of a shipping container for domestic storage purposes within the garden of the residential property would require planning permission.

Placement of a 20ft long x 8ft wide x 8ft 6in high shipping container for domestic storage purposes in the garden of the property, set into the ground so that the height from ground level to the top does not exceed 2.5 metres

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hanson S
Postcode
BA15 1PW

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a lawful development certificate was well-founded, turning on whether the provision of a shipping container for domestic storage purposes within the garden of the residential property would require planning permission

What decided it

The correct application of the Government's Technical Guidance on measuring building height from the highest ground level immediately adjacent to the structure, rather than from the lowest ground level, demonstrated that the container would not exceed the 2.5m height limitation required by Class E of the GPDO.

What the Inspector cited

Judgments
Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] 2 PLR 102

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.

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The 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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