®Planning appeal decision
54 West End, South Cave, East Riding Of Yorkshire, HU15 2EY
Alterations to roof to create apartment with work/home office facility at first floor and continued use of ground floor as offices
- Authority
- East Riding of Yorkshire Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Merrett R
Main issues, as the Inspector framed them
- Appeal A: whether the development was lawfully begun
- Appeal B: the effect of the development on the living conditions of (i) neighbouring occupiers at 52a West End and 2 Water Lane, with particular regard to overlooking, enclosure and overshadowing of properties and (ii) future residential occupiers of the site with particular regard to the availability of private outdoor amenity space
What decided it
In Appeal A the decisive factor was that Condition 2 constituted an undischarged condition precedent causing the earlier permission to lapse; in Appeal B the decisive factor was that, subject to a glazing condition, the development would not cause unacceptable harm to neighbours' or future occupiers' living conditions and accorded with the development plan.
the limited harm to future occupiers from the need for obscure glazing, and the absence of private outdoor amenity space, did not outweigh the accordance of the scheme with the development plan, its neutral effect on the conservation area and its contribution to housing supply, so the appeal was allowed
Plan policies cited: Policy H1, Policy ENV1, Policy ENV3, Policy S1, Policy S5
Judgments cited: Brayhead (Ascot) Ltd. V Berkshire County Council and Another (1963)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.