®Planning appeal decision
100 Guildford Road, Southport, PR8 4JZ
Planning appeal 3336597 at 100 Guildford Road, Southport, PR8 4JZ (Sefton Metropolitan Borough Council) was dismissed on 17 May 2024 by Inspector Thompson F, following a hearing. The main issue, as the Inspector framed it: Appeal A: whether the Council's decision to refuse to grant a lawful development certificate was well-founded, with the dispute centred on whether the garden shed is within the curtilage of the dwellinghouse and reasonably required for a purpose incidental to the enjoyment of the dwellinghouse.
the erection of a detached dwellinghouse to the side garden area with a new access to Shaw's Road
- Authority
- Sefton Metropolitan Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Hearing
- Development
- residential · Minor Dwellings
- Inspector
- Thompson F
- Postcode
- PR8 4JZ
Main issues, as the Inspector framed them
- Appeal A: whether the Council's decision to refuse to grant a lawful development certificate was well-founded, with the dispute centred on whether the garden shed is within the curtilage of the dwellinghouse and reasonably required for a purpose incidental to the enjoyment of the dwellinghouse
- Appeal B: the effect of the proposed development on the living conditions of the occupants of 119 Shaw's Road with particular regard to outlook
What decided it
The finding that the proposed dwelling would cause significant, overbearing harm to the outlook from the primary kitchen window at 119 Shaw's Road decided Appeal B, while the finding that the shed was erected to obstruct that same window rather than for a genuine incidental purpose decided Appeal A.
The modest social, economic and environmental benefits of providing an additional dwelling did not outweigh the significant harm to the living conditions (outlook) of the occupants of 119 Shaw's Road, so the proposal did not amount to sustainable development to which the presumption in favour applied.
What the Inspector cited
- Development plan policies
- Policy HC3Policy EQ2Policy SD1
- Judgments
- Emin V SSE [1989] JPL 909
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
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With an account
What an account adds to this decision
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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.