Appeal 3320003
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
7 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
erection of outbuilding.
Section 02
Decision
The appeal is dismissed.
Section 03
[name]
The outbuilding was constructed prior to my visit. I have determined the appeal on that basis.
Section 04
Main Issue
The main issue is the effect of the proposal on the living conditions of the occupiers of [address] with particular regard to outlook.
Section 05
Reasons
The host dwelling is a detached brick built property in an established residential area. The outbuilding has been erected in the rear garden and is not visible from the highway. The garden rises towards the rear boundary and therefore the floor level of the outbuilding is higher than that of the host dwelling. It is brick built and has a flat roof and is set back from the boundary with [address]. At the time of the site visit the outbuilding contained gym equipment.
The outbuilding is set back from the shared boundary by approximately 1 metre. It can be seen from the rear windows of [address] due to its height being greater than the existing boundary fence. Whilst the proposal is not directly in line with the rear elevation of the neighbours’ dwelling the outbuilding has reduced the oblique outlook from the patio doors and therefore causes a harmful loss of outlook from the property. Even though it is of a flat roof construction the outbuilding is prominent due to its length, height and position in relation to the rear windows of the neighbouring dwelling. In addition, due to the orientation of the neighbouring property with the outbuilding it has reduced the level of light into the neighbours’ living room which adds further weight to the level of harm.
I conclude that the outbuilding causes undue harm to the living conditions of the occupiers of [address]. Consequently, it conflicts with Policies SP5, HS4 and HS5 of the Burnley Local Plan (2018) which together, amongst other matters, seek to ensure that development does not have unacceptable adverse impacts on the amenity of neighbouring residents. In addition, it conflicts with guidance in the Residential Extensions Supplementary Planning Document and the National Planning Policy Framework.
Section 06
Other Matters
I note the appellant’s concerns regarding the Council’s handling of the case. However, this is a matter that would need to be taken up with the Council in the first instance. In determining this appeal, I am only able to have regard to the planning merits of the case.
Section 07
Conclusion
The proposal conflicts with the development plan as a whole and there are no other considerations, including the provisions of the National Planning Policy Framework, which outweigh this finding.
For the reasons given I conclude that the appeal should be dismissed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 20592No official casework-database value to compare
- Extracted decision date · page 1
- 1 September 2023Matches the official casework database
- Extracted site visit dates
- 23 May 2023 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3320003
- Application reference
- HOU/2022/0714
- Lead case reference
- Not recorded
- Planning authority
- Burnley Borough Council
- Planning authority code
- E07000117
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 1. Refused planning permission
- Appeal reason
- Refusal
- Type detail
- Unknown
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- Not recorded
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Dismissed
- Decision category
- Dismissed
- Received date
- 6 April 2023
- Valid date
- 6 April 2023
- Start date
- 25 April 2023
- Planning authority decision date
- 17 January 2023
- Appeal decision date
- 1 September 2023
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 37977
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:27
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21