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Planning appeal decision

Allowed3 November 20233321452

Arosa The Holloway, Alvechurch, Birmingham, B48 7QA

Planning appeal 3321452 at Arosa The Holloway, Alvechurch, Birmingham, B48 7QA (Bromsgrove District Council) was allowed on 3 November 2023 by Inspector Jones D, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate for the proposed swimming pool outbuilding was well-founded, turning on whether the proposed operations would benefit from planning permission granted by Article 3(1) and Class E, Part 1 of Schedule 2 of the GPDO.

a proposed side extension and swimming pool outbuilding

Authority
Bromsgrove District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jones D
Postcode
B48 7QA

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate for the proposed swimming pool outbuilding was well-founded, turning on whether the proposed operations would benefit from planning permission granted by Article 3(1) and Class E, Part 1 of Schedule 2 of the GPDO

What decided it

The correct application of the Technical Guidance for measuring eaves height on sloping land, which requires measurement from the highest point of the ground adjacent to the building, demonstrated that the proposed outbuilding complied with the 2.5 metre eaves height limitation in Class E.1(f) of the GPDO.

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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.

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