Planning appeal decision
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
- Authority
- Wiltshire Council
- 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.
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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