®Planning appeal decision
108 Kidderminster Road, BROMSGROVE, Worcestershire, B61 7LD
Change of use of outbuilding located on the land shown shaded green on the plan attached to Appendix 3 to this notice ( hereafter called the ” Building”) from ancillary residential use in association with the main dwelling to independent unit of residential accommodation
- Authority
- Bromsgrove District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Change of use
- Inspector
- Griffin E
Main issues, as the Inspector framed them
- the effect of the development upon the living conditions of the occupiers of the host dwelling and the occupiers of the outbuilding with particular regard to overlooking and loss of privacy
What decided it
The harm to living conditions from overlooking and loss of privacy, combined with the shared garden arrangement and proximity of the outbuilding to the host dwelling, significantly and demonstrably outweighs the modest housing benefit even under the tilted balance.
The Council's inability to demonstrate a five-year housing supply engaged the tilted balance under NPPF paragraph 11(d), but the modest contribution to housing numbers is significantly and demonstrably outweighed by the harm to living conditions of the occupiers of both the outbuilding and the host dwelling.
Framework references: 11, 134
Plan policies cited: Policy BDP1, Policy BDP19
Judgments cited: Murfitt v SSE & East Cambridgeshire DC [1980] JPL 598; Bowring v SSCLG & Waltham Forest LBC [2013] EWHC 1115 (Admin)
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.