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Archive
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Casebook: Appeal cases - Transport. Railway platform would harm AONB
16 April 2004
A railway halt platform with paths and steps leading to a picnic area in an AONB in east Sussex was rejected, an inspector having found that it would harm the character and appearance of the area, although it would not prejudice the reinstatement of a preserved railway line.
Casebook: Appeal cases - Trees and hedgerows. Removal of protected lime tree deemed unjustified
16 April 2004
The felling of a lime tree protected by a preservation order at a house in Essex has been refused on the grounds of insufficient justification.
Casebook: Appeal cases - Retail development. Tesco store design considered squat and harmful
16 April 2004
An inspector has rejected the development of a Tesco Express supermarket in an historic town on the south coast after concluding that its design was unsympathetic to the surrounding area.
Casebook: Appeal cases - Mixed use development. Park enhancement refused on impact grounds
16 April 2004
A scheme involving the enhancement of a country park in Cheshire, including the provision of leisure facilities and an enabling office development, has been deemed unacceptable on landscape impact grounds despite being acknowledged as likely to provide many benefits.
Casebook: Appeal cases - Leisure and entertainment. Conditions fail to sway decision on motor sport use
16 April 2004
An enforcement notice directed against the use of land in Staffordshire as a motor sports facility involving trial and motorcross bikes has been upheld after an inspector concluded that conditions would not be able to adequately control the noise generated and consequently the development harmed the amenity of local residents.
Casebook: Appeal cases - Leisure and entertainment. Gymnasium held not to cause noise nuisance
16 April 2004
The continued use of a former industrial unit in East Sussex as a gymnasium has been allowed as it would not be harmful to the living conditions of neighbours, with particular regard to noise.
Casebook: Appeal cases - Housing: New build. House design deemed out of kilter with tradition
16 April 2004
A reporter has decided that the design of a dwellinghouse proposed near Edinburgh was unacceptable because it did not comply with traditional Scottish house construction. He observed that the scheme involved asymmetrical, projecting gables that were not common in southern Scotland. The uncharacteristically steep pitch and overhanging eaves created a bulky and rather squat looking roof that was at odds with the Scottish tradition of a relatively high proportion of wall height to roof height, he concluded.
Casebook: Appeal cases - Housing: New build. Grampian condition ruled appropriate for highway
16 April 2004
In allowing an appeal for residential development on a commercial horticulture site in East Sussex, an inspector has ruled that a Grampian condition that required only one means of access to a main road was acceptable in highway terms. He decided that the risk to the appellants of being ransomed to achieve the desired access did not justify allowing two possible access points into the site for amenity and highway reasons.
Casebook: Appeal cases - Housing: New build. Close-care housing supported for mentally ill
16 April 2004
A development comprising a two-storey building containing eight close-care residential units in the grounds of a home for adults with mental care needs in Norfolk has been supported by an inspector who decided that it formed an acceptable addition to the establishment.
Casebook: Appeal cases - Housing: New build. Home close to heathland judged harmful to area
16 April 2004
The deputy prime minister has refused permission for a dwelling close to scientifically important heathland in Dorset, accepting the advice of one of his inspectors that it would undermine the flora and fauna of the area.
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