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Planning appeal decision

Notice varied and upheld28 January 20223283044

Eight Bells, South Embankment, Dartmouth, TQ6 9BB

Without planning permission, operational development namely: o the creation of a roof terrace; o the erection of an external staircase affixed to an external wall of Eight Bells to access the roof terrace; o the erection of a balustrade affixed to one side of the roof terrace; o the placement of artificial grass, seating, planters and plant pots on the roof terrace

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Harwood A

Main issues, as the Inspector framed them

  • Whether the alleged matters constitute a breach of planning control
  • Whether at the date the notice was issued, enforcement action could be taken
  • The effect of the development on the living conditions of the neighbouring flats with particular reference to privacy and noise
  • Whether the steps required by the notice exceed what is necessary to achieve its purpose
  • Whether any period specified in the notice falls short of what should reasonably be allowed

What decided it

The development would enable greater use of the roof causing direct overlooking through windows of neighbouring residential flats and loss of privacy for those residents, contrary to Policy DEV1 and the NPPF.

Plan policies cited: Policy DEV1

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.