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Planning appeal decision

Dismissed28 July 20223290267

4 Station Court, Culver Road, Saltash, Cornwall, PL12 4DR

Planning appeal 3290267 at 4 Station Court, Culver Road, Saltash, Cornwall, PL12 4DR (Cornwall Council) was dismissed on 28 July 2022 by Inspector O'Connor H, by written representations. The main issue, as the Inspector framed it: Whether the condition in relation to the two window panels in question is reasonable or necessary in the interests of the living conditions of neighbouring occupiers at 28 Culver Road, with particular regard to the privacy of their outdoor space.

the construction of 6 residential apartments, together with car parking and associated site works without complying with a condition attached to planning permission Ref 05/00899/FUL, dated 7 October 2005

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Connor H
Postcode
PL12 4DR

Main issues, as the Inspector framed them

  • Whether the condition in relation to the two window panels in question is reasonable or necessary in the interests of the living conditions of neighbouring occupiers at 28 Culver Road, with particular regard to the privacy of their outdoor space

What decided it

The elevated height, relative proximity and orientation of the two windows in question allow for direct overlooking of the neighbouring patio area, and the obscure glazing requirement remains necessary to protect the privacy of neighbouring occupiers in accordance with policy 12.2a of the Cornwall Local Plan and paragraph 130(f) of the NPPF.

What the Inspector cited

Development plan policies
Policy 12Policy 12.2aENV3
National Planning Policy Framework
Paragraph 56Paragraph 130

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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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.