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Planning appeal decision

Notice upheld4 July 20233307494

28 Curzon Avenue, Birstall, Leicester, Leicestershire, LE4 4AB

Planning appeal 3307494 at 28 Curzon Avenue, Birstall, Leicester, Leicestershire, LE4 4AB (Charnwood Borough Council) was dismissed on 4 July 2023 by Inspector Walker A, by written representations. The main issue, as the Inspector framed it: The effect of the development on the living conditions of the occupants of neighbouring residential properties, with particular regard to privacy.

raised land levels and construction of retaining structures in rear garden

Authority
Charnwood Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Walker A
Postcode
LE4 4AB

Main issues, as the Inspector framed them

  • The effect of the development on the living conditions of the occupants of neighbouring residential properties, with particular regard to privacy

What decided it

The development significantly harms the living conditions of neighbouring occupants through overlooking and loss of privacy, contrary to Policies CS2, EV/1 and H/17 of the development plan.

What the Inspector cited

Development plan policies
Policy CS2 of the Charnwood Local Plan Core Strategy 2015Policy EV/1 of the Charnwood Local Plan 2004Policy H/17 of the Charnwood Local Plan 2004

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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More decisions in Charnwood

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

  1. Allowed29 September 20266010437
    Simtec Materials Handling, Unit 116, The Burrows, East Goscote, LE7 3XD
  2. Notice varied and upheld18 March 20263357878
    Brand Hill House Brand Hill, Woodhouse Eaves, Loughborough, LE12 8SX
  3. Allowed30 October 20253348761
    1041 Loughborough Road, Rothley, Leicester, LE7 7NL
  4. Notice varied and upheld2 September 20253341122
    64C Brick Kiln Lane, Shepshed, Leicestershire, LE12 9EL
  5. Notice varied and upheld2 September 20253341102
    64B Brick Kiln Lane, Shepshed, Loughborough, Leicestershire, LE12 9EL

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.