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ANOTHER VICTORY! Appeal Decision for 53, Chamberlain Road – 19 January 2016

There is a link below to the Appeal Decision on 53, Chamberlain Road forwarded by Cllr Mathew Claisse which I commend you all to read. This successful outcome is interesting in a number of ways. My own observations are as follows…
· This was a Permitted Development application which as you might know, needs to be challenged by a neighbour if it is not to go through automatically, hence this Appeal.
· The primary reasons for the dismissal of the Appeal was that it would be “harmful to the living conditions of those at No. 51 Chamberlain Road”, (interestingly an existing HMO it would seem).
· At para 3, the Inspector says… The adjoining neighbour referred, amongst other things, to the proposal leading to an additional House in Multiple Occupation (HMO) and to overdevelopment and loss of parking. Although these were not matters of concern raised by the Council (it’s concerns were on the visual impact of the proposal) they are matters that could potentially affect the living conditions of the neighbour. It is disappointing perhaps that the Council did not include these as reasons for the original refusal?
· The Inspector was clearly not going to have the wool pulled over his eyes here, for at para 5 he says… The application plans show that the proposal would result in 6 bedrooms being created at this semi-detached property. This is an uncommonly large number for a semi-detached house of this modest size even extended as proposed.
· At para 8 he says the development would be oppressive and intrusive and further there is a public interest in preventing development that many would find harmful i.e. even if that property is owned by the same person or is an existing HMO as appears to be the case here.
So another good result for Highfield and a further illustration of the need for vigilance and continuing opposition to inappropriate development.
Jerry Gillen, Vice Chair
Appeal Decision for 53 Chamberlain Rd, 19 January 2016