Restaurant wins planning dispute with council over sunroom

A restaurant has won a dispute over whether an extension that failed to adhere to planning permission should be demolished.

The restaurant was a family business. It had been granted planning permission to demolish and replace a sunroom at the front its premises.

The replacement structure was not built in compliance with the permission. The family’s application for planning permission for the sunroom as built was refused.

The local authority then issued an enforcement notice requiring the removal of the unauthorised development and all building materials within three months.

The family appealed to the secretary of state and proposed alternative developments, including the replacement of the unauthorised roof with a flat glazed roof.  

The inspector rejected the appeal on the grounds that it was not within his power to grant planning permission as the alternative proposals involved new works.

The High Court overturned that decision.

It held that the planning inspector had erred by refusing to grant planning permission on the basis that it involved new works. Virtually any alternative scheme was likely to involve some new work so his approach would significantly reduce the power to grant planning permission in such appeals.

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