QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT
Priory Courts 33 Bull Street Birmingham B4 6DS |
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B e f o r e :
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MR & MRS GILLESPIE |
Claimants |
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- and – |
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TEWKESBURY BOROUGH COUNCIL -and- KINGSDELL PROPERTY LIMITED |
Defendant Interested Party |
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Miss A Clover ( instructed by Tewkesbury Borough Council Solicitor ) appeared on behalf of the Defendant.
Mr P Wadsley ( instructed by Bevans Solicitors ) appeared on behalf of the Interested Party.
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Crown Copyright ©
His Honour Judge McKenna:
"The current application seeks to regularise the development as the dwellings have not been built in accordance with plans permitted under planning reference (08/00214/FUL). The discrepancies are a result of inaccurate plans originally submitted including the original survey drawing and street elevation drawing. New survey plans show that the levels adjoining property known as 'Rowanside' which is now stated as being 57.037m as opposed to 57.580m as shown on the approved plans. It also transpires that the ridgeline of 'Rowanside' was shown incorrectly and following accurate survey measurements As a consequence of these inaccuracies, the new development is now higher than 'Rowanside' and Plot 1 is approximately 1.2m higher. Velux roof lights have also been added to the rear elevation of each plot to provide a playroom/storage at second floor level."
"In view of the above, it is considered that the proposal fails to respect the existing form and character of the surrounding residential area and is therefore harmful to the character of the area and street scene. As such, the proposal is recommended for refusal.
Members may recall that this application was deferred at the Committee in October in order to assess the information provided by the applicant in respect of the floor levels. The agent stated that the dwellings have been built in accordance with the previously approved plans and the stated heights of the new dwellings in the report are inaccurate. He concedes that there was an error in plotting 'Rowanside'. He also states that there is no increase in ridge height and the only change is the relationship with 'Rowanside'.
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In conclusion, it is considered that the proposal fails to respect the existing and character of the surrounding residential area and is therefore harmful to the character of the area and the street scene. As such, the proposal is recommended for refusal. Members should note that if the permission is refused, enforcement action will be instigated."
"1(1) For the purposes of this Act—
(a) carrying out development without the required planning permission; or
(b) failing to comply with any condition or limitation subject to which planning permission has been granted,
constitutes a breach of planning control."