®Planning appeal decision
The Flat, 30 Fore Street, FOWEY, PL23 1AQ
Without planning permission, the construction of roof terrace area with glass balustrade. The approximate location of the terrace is marked by a blue 'X' of the attached plan
- Authority
- Cornwall Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Graham J
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notice constitute a breach of planning control
- Whether the time limit for taking enforcement action had expired
- Whether planning permission should be granted for the development or any part of it
- Whether the steps required by the notice exceed what is necessary to remedy the breach
- Whether the compliance period is reasonable
What decided it
The reduction of the terrace to the dimensions of the previous terrace would eliminate the unacceptable loss of privacy and noise impacts on the neighbouring property while preserving the character of the conservation area.
The benefits of providing a modest outdoor amenity space for the residential occupiers, consistent with the lawful use of the previous terrace, were balanced against the harm to neighbouring living conditions; the balance was struck by permitting a reduced terrace matching the previous dimensions.
Plan policies cited: Policy 12 of the Cornwall Local Plan Strategic Policies 2010-2030, Policy 24 of the Cornwall Local Plan Strategic Policies 2010-2030, Policy 2 of the Fowey Neighbourhood Development Plan
Judgments cited: Burroughs Day v Bristol City Council [1996] 1 PLR 78
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.