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Dismissed11 August 20233312451

118 Clare Road, Whitstable, CT5 2EH

Planning appeal 3312451 at 118 Clare Road, Whitstable, CT5 2EH (Canterbury City Council) was dismissed on 11 August 2023 by Inspector Shearing C, by written representations. The main issue, as the Inspector framed it: Whether the proposed variation of condition 2 under section 73 of the Town and Country Planning Act 1990 is within the powers available, given that the resulting development would be inconsistent with the original planning permission description of a two storey and single storey rear extension.

Variation of condition 2 (drawings) of planning permission CA/20/01291 for a two storey and single storey rear extension to allow change of cladding material, structural change to roof structure and second floor

Authority
Canterbury City Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Shearing C
Postcode
CT5 2EH

Main issues, as the Inspector framed them

  • Whether the proposed variation of condition 2 under section 73 of the Town and Country Planning Act 1990 is within the powers available, given that the resulting development would be inconsistent with the original planning permission description of a two storey and single storey rear extension

What decided it

The proposed development would be inconsistent with the original planning permission description of a two storey and single storey rear extension, and therefore cannot be achieved through a section 73 application as it would require variation of the operative part of the permission.

The decision letter

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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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