Scarletts Farm Cottage, Scarletts Lane, Hare Hatch, Wokingham, RG10 9XF

Planning appeal 3302140 at Scarletts Farm Cottage, Scarletts Lane, Hare Hatch, Wokingham, RG10 9XF (Wokingham Borough Council) was dismissed on 24 July 2023 by Inspector Blackwell J, by written representations. The main issue, as the Inspector framed it: whether the appeal site forms part of the curtilage of the residential dwelling known as Scarletts Farm Cottage.

erection of a garage, garden store and domestic workshop, formation of hardstanding

Authority: Wokingham Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Blackwell J
Postcode: RG10 9XF

Main issues, as the Inspector framed them

whether the appeal site forms part of the curtilage of the residential dwelling known as Scarletts Farm Cottage
whether permitted development rights conferred by Article 3(1) and Classes E and F, Part 1 of Schedule 2 of the GPDO have been removed in respect of the appeal site by earlier planning permissions
if applicable, whether the development would be required for a purpose incidental to the enjoyment of the Cottage as a residential dwellinghouse

What decided it

The appeal site lacks the requisite physical and functional separation from the dwelling to form part of its curtilage, and in any event the permitted development rights have been removed by conditions attached to earlier permissions.

What the Inspector cited

Judgments: HM Attorney-General ex rel Sutcliffe & Rouse Hughes v Calderdale BC [1983] JPL 310; Methuen-Campbell v Walters [1979] 1 QB 525; Burford v SSCLG & Test Valley BC [2017] EWHC 1493 (Admin)

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.

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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.