We’re delighted to have secured permission on appeal for a client in North Northamptonshire, with an enforcement notice also quashed.
The case related to a domestic outbuilding and a minor breach of the PD regs relating to height. Although the LPA initially encouraged an application to regularise, they refused it on character and amenity grounds, and then issued an enforcement notice to seek its removal. The Inspector shared our view – finding that the outbuilding does not result in material harm.
Crucially, the Inspector also did what the LPA didn’t, which was to give clear and decisive weight to what could realistically be built under PD.
In this case if the building had been positioned slightly differently it would have been PD, and its PD position would only have further upset the neighbour (whose property is on higher ground than the appeal site). We advocated for the building to remain in its current position and the Inspector agreed, concluding that the appeal scheme would be no less acceptable than the lawful fallback position.
Most importantly, this decision brings to a close what has been a prolonged and stressful process for our client. The appeals process alone took 925 days!
We’re very pleased to have helped secure a positive and final resolution for them.
