443 Rayleigh Road, Benfleet, SS7 3ST

the demolition of single storey rear extension and erection of single storey rear/side extension without complying with conditions attached to planning permission Ref 23/0725FUL, dated 29 January 2024

Authority: Castle Point Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Francis L

Main issues, as the Inspector framed them

whether the appeal proposal can be considered under section 73 of the Town and Country Planning Act 1990
the effect of the appeal proposal on the living conditions of the neighbouring occupiers with particular regard to privacy, outlook and overshadowing

What decided it

The appeal proposal to add a roof terrace conflicts with the original description of development in the planning permission and therefore cannot be considered under section 73 of the Town and Country Planning Act 1990 as established by the Finney judgment.

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