®Planning appeal decision
Land East of New Road, Swanwick, SO31 7HE
Planning appeal 3214579 at Land East of New Road, Swanwick, SO31 7HE (Fareham Borough Council) was allowed on 8 October 2021 by Inspector Freer P, following an inquiry. The main issue, as the Inspector framed it: whether the development is essential to the operation of the existing business.
a mixed use comprising (i) for the repair and processing of timber and other fencing products, including the de-nailing and welding panels returned to the site, and the painting of products prior to delivery/collection; (ii) the storage and distribution of raw materials and of finished products; and (iii) as a storage area for materials and products used and supplied by the contracting business (for erection offsite). Appeal
- Authority
- Fareham Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- employment-industrial · Change of use
- Inspector
- Freer P
- Postcode
- SO31 7HE
Main issues, as the Inspector framed them
- whether the development is essential to the operation of the existing business
- the effect of the use of glasshouse on the living conditions of the occupiers of surrounding residential properties, specifically in relation to noise disturbance and vibration
- the effect of the use of glasshouse on the safety and convenience of other highway users
- whether the Council's decision to refuse to grant a LDC was well founded
What decided it
The Inspector's judgement that refusing the glasshouse use would not reduce, and could worsen, the impacts on residents, whereas granting permission enabled conditions controlling hours, noise sources and vehicle turning, tipped the balance in favour of allowing Appeal A despite conflict with the development plan.
the harm from noise disturbance and inconvenience to highway users, and conflict with Policies DSP9, DSP2 and CS5, was outweighed by the material consideration that refusal would not reduce and could worsen those impacts, together with the significant benefit of being able to impose controlling conditions, tipping the balance in favour of granting planning permission
What the Inspector cited
- Development plan policies
- Policy DSP9Policy DSP2Policy CS5
- Judgments
- Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in Fareham
The authority’s record since 2016 · every decision in 2021
- Notice varied and upheld7 May 2026335178876 Moody Road, Fareham, PO14 2BX
- Dismissed30 January 2026600060844 Hunts Pond Road, Park Gate, Southampton, SO31 6QP
- Notice varied and upheld28 November 20253368517Land to the West of 237 Segensworth Road, Fareham, PO15 5EW
- Notice upheld29 September 20253328843Land at Titchfield Road, , Titchfield , Fareham , Hants, PO14 3EW
- Dismissed21 August 20253359668Land Off Rookery Avenue, Whiteley, Fareham, SO31 1BG
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.