# 9 Birkin Avenue, Ruddington

- **Decision:** dismissed, 27 August 2026
- **Decided by:** Planning Inspector: Andrew Fulford
- **Authority:** Rushcliffe (East Midlands)
- **Appeal reference:** 6010993
- **Application reference:** 26/00224/FUL
- **Procedure:** written-representations
- **Development:** Detached garage and garden room (non-determination; partly built)
- **Site context:** inside-settlement
- **Green Belt:** no
- **Framework applied:** August 2026 NPPF
- **Determinative policies:** P3
- **Development plan policies:** Rushcliffe Local Plan Part 1 2014 Policy 10, Part 2 2019 Policy 1
- **Main issues:** outlook of neighbours, character
- **Tags:** tier-2, householder, non-determination, transitional-no-consultation

## Summary
Garden outbuilding, appealed for non-determination and dismissed because it would be "oppressive and overbearing" for the neighbouring garden at 13 Bradmore Avenue (DL ¶9). There was no character harm.

## What made the difference
Length along the shared boundary. An earlier permitted outbuilding in the same corner was 4m shorter and was acceptable (DL ¶10).

## Policy findings
- **P3: fail.** outbuilding along almost full side boundary of 13 Bradmore Avenue's garden, taller than fence — oppressive and overbearing (plan policies; Framework not cited on merits) (DL 9-12)
- **DP3: pass.** subservient, set back, large plot (DL 13-16)

## Key facts
- 2021 permission for a smaller outbuilding (4m shorter) in the same corner (21/01997/FUL)
- Framework "not significantly amended" in relevant parts, so no consultation (DL 6)

## Sources
- https://appeal-planning-decision.service.gov.uk/published-document/8d48b747-8093-4ec8-9885-efef5a923755
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6010993

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6010993.html

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