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West Berkshire Council Enforcement Notice dismissed at appeal (12 August 2016)

Date: 12/08/2016
Duncan Lewis, Legal News Solicitors, West Berkshire Council Enforcement Notice dismissed at appeal

A Planning Enforcement Notice issued by West Berkshire Council has been dismissed at appeal.

West Berkshire Council had issued the Enforcement Notice on Waddington Forbes Homes Limited, for continuing to build two houses with garages in Hungerford without planning permission.

The building was taken to an advanced stage, but the Enforcement Notice required the buildings to be demolished and for the site to be cleared.

Permission for the development was refused by the council's Planning Committee on the grounds of concern around the impact the height of the proposed buildings would have on neighbouring properties.

However, at appeal, the Planning Inspector ruled that the project could go ahead – but said in his report that he understood “why local residents remain dissatisfied with the development, bearing in mind the early felling of trees and the appellants proceeding with development without the necessary pre-commencement conditions being discharged”.

He concluded that the development could be “controlled through the imposition of appropriate conditions to overcome any matters of concern”.

West Berkshire's Executive Member for Planning, Alan Law, said:

“Our residents look to us to ensure that planning legislation is always followed, so that inappropriate development does not take place.

“Therefore, the stance taken by the council was appropriate in this case – and sends a clear message that we will enforce where necessary to offer local people a level of protection.”

The appellant sought an award of costs against the council, but was unsuccessful.

The Inspector considered that the council – in overturning its officers’ recommendation to approve the application at committee – was entirely entitled to do so, based on sound planning reasons.

Accordingly, the Inspector concluded that the refusal and Enforcement Action did not amount to unreasonable behaviour by the council.

The buildings were being developed at Upper Eddington in Hungerford – the council planning committee expressed concern about the impact of height on the height of the buildings nearby, particularly those in Hamblin Meadows, Linden Lea and Waram Close in Hungerford.

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