10 Rushford Avenue, Wombourne, Staffordshire, WV5 0HZ

Planning appeal 3305195 at 10 Rushford Avenue, Wombourne, Staffordshire, WV5 0HZ (South Staffordshire District Council) was dismissed on 17 November 2023 by Inspector Hartley D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that the proposed outbuilding would be permitted development taking into account the conditions and limitations of Class E (buildings etc incidental to the enjoyment of a dwellinghouse) of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO).

a proposed single storey outbuilding containing garage and gym

Authority: South Staffordshire District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Householder developments
Inspector: Hartley D
Postcode: WV5 0HZ

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded with particular regard as to whether it has been demonstrated that the proposed outbuilding would be permitted development taking into account the conditions and limitations of Class E (buildings etc incidental to the enjoyment of a dwellinghouse) of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (GPDO)

What decided it

The proposed outbuilding is excessive in size and not genuinely and reasonably required for purposes incidental to the enjoyment of the dwellinghouse, failing to meet the test established in Emin v Secretary of State.

The decision letter

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The authority’s record since 2016 · every decision in 2023

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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.