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Planning appeal decision

Dismissed23 February 20263374915

25 Edward Way, ASHFORD, TW15 3AY

internal alterations to facilitate the change of use from C3 to Sui Generis 7 Bed HMO

Authority
Spelthorne Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Change of use
Inspector
De Freitas Terceiro P

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area, with particular regard to refuse and cycle storage
  • whether the proposed development would provide acceptable living conditions for future occupants, with regard to the provision of communal space, privacy, outlook, odour and parking
  • the effect of the proposed development on the living conditions of the occupants of adjoining properties, with particular reference to refuse storage, and noise and disturbance

What decided it

The substantial harm to the character and appearance of the area and to living conditions of future residents significantly and demonstrably outweighs the moderate benefits of housing choice and mix.

The substantial harm to character and appearance and living conditions of future residents significantly and demonstrably outweighs the moderate benefits of housing choice and mix and affordable accommodation, such that the presumption in favour of sustainable development does not apply.

Framework references: 11

Plan policies cited: Policy EN1 of the Core Strategy and Policies Development Plan Document 2009, DPD Policy CC3, DPD Policy EN11

Judgments cited: Mansell v Tonbridge and Malling BC & others [2017] EWCA Civ 1314

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.