DCS Ref: 100-049-024 Hearing Year of Decision: 2007 Inspector: A WOOLNOUGH
County: LONDON Summary of Decision: ALLOWED
Description:
Unauthorised raised patio, steps, swimming pool and fences at dwelling in conservation area. Part of patio has planning permission. Swimming pool is not permitted development as it constitutes a building exceeding 10 cubic metres. Only part of fence exceeds 2 metres and requires planning permission. Remainder of patio, fence, swimming pool and steps cause no harm to character or appearance of conservation area. No loss of residential amenity due to noise, overlooking or outlook harm. Abstract:
Swimming pool exceeds permitted development limits
In quashing an enforcement notice requiring the removal of a swimming pool, patio and retaining walls at a dwellinghouse in a Kent conservation area, an inspector held that the scheme was not permitted under the GPDO 1995.
The appellants argued that the swimming pool and development ancillary to it, fell outside the definition of a "building" as set out in Article 1 of the GPDO. Consequently they claimed that the development including steps leading into it were permitted under Class E of Part 1 to Schedule 2 of the order.
The inspector disagreed with this view. The swimming pool was a structure which even when entirely below ground level and uncovered, constituted a building with a cubic content. Since the pool lay within a conservation area and exceeded 10m3 in volume planning permission was required he held.
In relation to the planning merits, he inspector noted that views of the pool were very restricted and confined to the rear gardens of adjacent properties. Moreover the patio, steps and pool did not appear to be significantly higher than the original ground levels he noted. It did not reduce the privacy of local residents and accordingly permission was justified he concluded.
COMPASS Index Terms | Issue Codes | | 300 | | Site within conservation area | | 700 | | Noise generated by proposal which would affect neighbours etc | | 711 | | Overlooking of existing properties | | 752 | | General loss of residential outlook. Include sense of enclosure here | | |
| Development Codes | | 541 | | Swimming Pool | | 550 | | Walls/Fences/Gates | | 553 | | Residential hardstanding | | |
| Appeal Codes | | 03 | | sec.174 enforcement notice - Appeal against | | |
| Legal Codes | | 32 | | Enforcement notice - Planning permission already granted | | 40 | | GPDO Part 1 Development within curtilage of dwelling | | |
| Proposal Codes | | 622 | | C3 - Housing | | |
| Site Codes | | 08 | | Residential suburban - Post August 06 cases | | |
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