Radburn housing estate layout thwarts erection of garden building

The provision of an outbuilding within the garden of a dwellinghouse in Oxfordshire would not be lawful, an inspector decided, because it would be sited forward of the building's main elevation.

The appellants applied for a LDC seeking confirmation that the outbuilding was permitted under the provision of Class E of Part 1 to Schedule 2 of the GPDO 2015. The council agreed that it complied with all the requirements of the class save for paragraph E.1(c), namely that it would be situated on land forward of a wall forming the principal elevation of the original house.

At his site visit, the inspector noted that the estate was based on ‘Radburn’ design principles which involved separating pedestrians from cars, with parking areas sited to the rear of the houses. Properties faced onto areas of greenspace linked by footpaths and higher fences had been erected to enclose what would have originally been front gardens. This included the appeal site and the inspector could understand why the appellants now classified the land as forming part of their rear garden, since their primary access was from the rear car parking area. But the original elevation was that facing onto the green space and pedestrian walkway, he determined, in which case the outbuilding was not permitted development.

Inspector: Chris Preston; Written representations


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