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Planning appeal decision

Dismissed17 January 20243321790

Organs Hill, Rock, Kidderminster, DY14 9ST

Planning appeal 3321790 at Organs Hill, Rock, Kidderminster, DY14 9ST (Wyre Forest District Council) was dismissed on 17 January 2024 by Inspector Hanson S, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed outbuilding would benefit from planning permission granted by Article 3(1) and Class E of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015.

described as a proposed single storey detached annexe outbuilding comprising home office, home gym and home cinema/games room

Authority
Wyre Forest District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hanson S
Postcode
DY14 9ST

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the proposed outbuilding would benefit from planning permission granted by Article 3(1) and Class E of Part 1, Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The paddock lies beyond the lawns and drive which have intimate association with the dwellinghouse, is delineated by vegetation, fencing and a gate, has an agricultural appearance and function rather than domestic, and therefore does not fall within the curtilage of the dwellinghouse and cannot benefit from Class E permitted development rights.

The decision letter

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The authority’s record since 2016 · every decision in 2024

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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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