®Planning appeal decision
8 Clare Road, MAIDENHEAD, SL6 4DG
Without planning permission, the erection of a building with associated patio, walls, steps and covered pergola
- Authority
- Royal Borough of Windsor and Maidenhead
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Householder developments
- Inspector
- Buchanan R
Main issues, as the Inspector framed them
- the effect of the development on the character and appearance of No.8 Clare Road and the area
- its effect on the living conditions of the occupants of No.8 with regard to private outdoor amenity space and on the living conditions of the occupants of No.8 and Nos.6 and 10 Clare Road with regard to outlook
What decided it
The development causes significant harm to character and appearance and appreciable harm to living conditions, conflicting with Policy QP3 of the development plan, and the fallback position under permitted development rights provides limited weight in support.
The private benefit to the appellant of the development was given little weight as a personal preference, set against significant weight attributed to harm to character and appearance and living conditions, with no other considerations to indicate the appeal should be determined otherwise than in accordance with the development plan.
Plan policies cited: Policy QP3 of the Borough Local Plan, February 2022, Principle 8.4 of the Council's design guidance
Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314; Gambone v Secretary of State for Communities and Local Government [2014] EWHC 952 (Admin); Burge v SSE [1988] JPL 487; Lough & Others v FSS [2004] 1WLR 2557; Makanjuola v SSCLG & Waltham Forest LBC [2013] EWHC 3528 (Admin); Ioannou v SSCLG & Enfield LBC [2014] EWCA Civ 1432
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.