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Allowed14 October 20223291473

Mudhall Cottage Winterbourne Road, Boxford, Newbury, RG20 8AY

Planning appeal 3291473 at Mudhall Cottage Winterbourne Road, Boxford, Newbury, RG20 8AY (West Berkshire District Council) was allowed on 14 October 2022 by Inspector Page L, by written representations. The main issue, as the Inspector framed it: Whether the proposal would provide accommodation that is tantamount to the creation of a separate self-contained and independent dwelling.

Conversion of part of existing detached garage to create annexed accommodation

Authority
West Berkshire District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
Page L
Postcode
RG20 8AY

Main issues, as the Inspector framed them

  • Whether the proposal would provide accommodation that is tantamount to the creation of a separate self-contained and independent dwelling

What decided it

The proposal, when all matters of fact and degree are comprehensively considered, should legitimately be regarded as an annexe functionally linked and incidental to the main dwelling rather than a separate self-contained dwelling.

What the Inspector cited

Development plan policies
Policy ADPP1Policy ADPP5Policy CS1Policy CS14Policy C1
Judgments
Uttlesford DC v SSE & White [1992]; Winchester CC v SSCLG & Others [2013] EWHC 101 (Admin); [2015] EWCA Civ 563

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 authority’s record since 2016 · every decision in 2022

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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.