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Planning appeal decision

Notice varied and upheld6 August 20213272348

36 Campbell Road, Portsmouth, PO5 1RW

Planning appeal 3272348 at 36 Campbell Road, Portsmouth, PO5 1RW (Portsmouth City Council) was allowed in part (a split decision) on 6 August 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice are excessive (ground f).

Replacement of timber framed sash windows to front elevation with white UPVC double glazed casement style windows and alteration of porch including truncation of side elevation windows, replacement of stained glass with plain glass, and application of grey mineral boarding in horizontal orientation

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hawkins S
Postcode
PO5 1RW

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice are excessive (ground f)
  • Whether the time specified for compliance with the notice is unreasonably short (ground g)

What decided it

The requirement to render and paint the porch following cladding removal was more onerous than restoring the dwelling to its pre-breach condition, as the original external finish was timber weatherboard, not painted render.

What the Inspector cited

Judgments
Miller-Mead v MoHLG [1963] 2 WLR 225; Egan v Basildon Borough Council [2011] EWHC 2416

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 Portsmouth City Council

The authority’s record since 2016 · every decision in 2021

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  5. Planning permission granted20 October 20233302616
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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.