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Planning appeal decision

Split Decision2 June 20263332446

Four Buoys , Radfall Ride , Whitstable , CT3 3EW

the construction of a building for independent residential use

Authority
Canterbury City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Dignan P

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control (ground c)
  • Whether planning permission should be granted for the erection of a building for independent residential use (ground a)
  • Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach (ground f)

What decided it

The provision of a separate driveway and parking area created a strong impression of a separate dwelling in a backland situation that was out of keeping with local character, whereas the building itself without those features could function as an acceptable ancillary outbuilding.

The acceptability of the outbuilding and patio in terms of character and appearance, when severed from the driveway and parking, was balanced against the need to remedy the breach of planning control by removing those elements that created the appearance of independent residential use.

Plan policies cited: Policy DBE3

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.