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Dismissed29 August 20233305073

Westmorlands, Hinckley Road, Wolvey, Hinckley, LE10 3HQ

Planning appeal 3305073 at Westmorlands, Hinckley Road, Wolvey, Hinckley, LE10 3HQ (Rugby Borough Council) was dismissed on 29 August 2023 by Inspector Jones L, by written representations. The main issue, as the Inspector framed it: Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, specifically whether the proposed outbuilding constitutes permitted development under Class E(a) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

erection of a building incidental to the enjoyment of the existing house comprising of a gym, home office and games/garden room

Authority
Rugby Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Householder developments
Inspector
Jones L
Postcode
LE10 3HQ

Main issues, as the Inspector framed them

  • Whether the Council's refusal to grant a certificate of lawful use or development was well-founded, specifically whether the proposed outbuilding constitutes permitted development under Class E(a) of Part 1 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The overall size and scale of the proposed outbuilding (104.55m²), combined with the spacious provision of non-essential facilities such as the games/garden room with bar and seating area, meant it was not genuinely subordinate and reasonably required for purposes incidental to the enjoyment of the dwellinghouse, and therefore did not qualify as permitted development under Class E of the GPDO.

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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.

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