®Planning appeal decision
54 West End, South Cave, East Riding Of Yorkshire, HU15 2EY
Planning appeal 3279877 at 54 West End, South Cave, East Riding Of Yorkshire, HU15 2EY (East Riding of Yorkshire Council) was dismissed on 5 July 2022 by Inspector Merrett R, following an inquiry. The main issue, as the Inspector framed it: Appeal A: whether the development was lawfully begun.
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
- Postcode
- HU15 2EY
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
What the Inspector cited
- Development plan policies
- Policy H1Policy ENV1Policy ENV3Policy S1Policy S5
- Judgments
- Brayhead (Ascot) Ltd. V Berkshire County Council and Another (1963)
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.