As built housing scheme materially different from approved plans

Despite issuing an enforcement notice requiring the demolition of 35 dwellings in Kent because they were materially from a planning permission, a local authority failed to persuade an inspector that this harmed the amenity and outlook of neighbouring residents.

200-005-640 (Image Credit: Quod)
200-005-640 (Image Credit: Quod)

The dwellings and flats as built had ridge heights which were over one metre higher compared with the approved plans. Window design had also changed and balconies removed, with the footprint of houses being smaller by 1m2. Internal garages were also smaller and a ground floor toilet and utility rooms had been removed from the dwellings. The inspector agreed that in combination these were significant deviations and the fact that the appellant had submitted a new application to regularise the position confirmed his view.

Although the footprints of the various blocks remained the same the outlook from some existing properties adjacent to the site had been materially affected compared with the approved scheme. This did not, however, mean that it had had an overbearing or unacceptable impact, with the inspector examining a range of guidelines on what constituted an acceptable separation distance. The site was allocated for housing and lay within an urban area and it was imperative to make best use of such locations.

Inspector: Chris Preston; Inquiry


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