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Planning appeal decision

Dismissed5 August 20213272466

Hillbrook House , 62 Albert Road North, Malvern, WR14 2TL

Planning appeal 3272466 at Hillbrook House , 62 Albert Road North, Malvern, WR14 2TL (Malvern Hills District Council) was dismissed on 5 August 2021 by Inspector Hall R, by written representations. The main issue, as the Inspector framed it: The effects of the proposed development on the living conditions of the future occupants of the proposed holiday apartment, with respect to daylight, sunlight and outlook.

conversion of first floor area to provide an apartment for holiday let

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hall R
Postcode
WR14 2TL

Main issues, as the Inspector framed them

  • The effects of the proposed development on the living conditions of the future occupants of the proposed holiday apartment, with respect to daylight, sunlight and outlook
  • The effects of the proposed development on the living conditions of the occupants of 4 Victoria Road, with respect to privacy in its rear garden

What decided it

The proposal would result in unacceptable living conditions for future occupants due to severely constrained natural light and outlook, and would cause unacceptable overlooking harm to the neighbouring property's rear garden.

The potential benefits of holiday accommodation provision and neutral conservation area impact were outweighed by the unacceptable harm to living conditions of both the future occupants and neighbouring occupiers.

What the Inspector cited

Development plan policies
SWDP21
National Planning Policy Framework
Paragraph 130
Judgments
Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307

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 Malvern Hills

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

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  2. Dismissed23 July 20253359999
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  3. Dismissed7 February 20253352890
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  4. Allowed27 January 20253342987
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  5. Dismissed24 September 20243341392
    Hillbrook House, 62 Albert Road North, Malvern, WR14 2TL

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.