®Planning appeal decision
27 Victoria Gardens, Biggin Hill, WESTERHAM, TN16 3DJ
Without planning permission, unauthorised operational development involving excavation works and the erection of raised framed areas filled with hardcore in the rear garden
- Authority
- London Borough of Bromley
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Perkins L
Main issues, as the Inspector framed them
- Whether the matters stated in the notice constitute a breach of planning control (ground c)
- Whether planning permission ought to be granted for the raised framed areas (ground a), with particular regard to the effect on the living conditions of neighbouring occupiers, with particular regard to overlooking and noise
- Whether the steps required by the notice exceed what is necessary to remedy the breach (ground f)
- Whether the period for compliance falls short of what should reasonably be allowed (ground g)
What decided it
The harmful effect of raised framed area 4 on overlooking of the neighbouring property at No 29, which the appellant had acknowledged was inappropriate and committed to remove, contrasted with the negligible effect of raised framed areas 1, 2 and 3 due to screening and topography.
Plan policies cited: Policy 37 of the Bromley Local Plan
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.