10 Rushford Avenue, Wombourne, Staffordshire, WV5 0HZ

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

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.

Read the decision letter on the Inspectorate’s site

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