®Planning appeal decision
15 Bracken Hall, Bracken Place, Chilworth, Southampton, SO16 3ET
Planning appeal 3270682 at 15 Bracken Hall, Bracken Place, Chilworth, Southampton, SO16 3ET (Test Valley Borough Council) was dismissed on 13 July 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c).
without planning permission the construction of a second floor balcony, shown hatched in blue on an attached plan
- Authority
- Test Valley Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Hawkins S
- Postcode
- SO16 3ET
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
- The effect of the balcony on the living conditions of current and future occupiers of adjoining residential property having regard to privacy, noise and disturbance (ground a)
What decided it
The balcony has harmfully eroded the standards of privacy and peace and quiet that the occupiers of adjoining apartment No 16 could reasonably expect to enjoy, causing significant detriment to their living conditions and conflicting with development plan policy and the NPPF.
The limited benefits to the appellant's health and wellbeing from increased outdoor amenity space were outweighed by the significant harm to the living conditions of neighbouring occupiers through overlooking, intrusion and noise disturbance.
What the Inspector cited
- Development plan policies
- Policy LHW4Policy E8
- National Planning Policy Framework
- Paragraph 127
- Judgments
- Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Barvis v SSE [1971] 22 P & CR 710
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
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.