®Planning appeal decision
Land East of New Road, Swanwick, SO31 7HE
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
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
Plan policies cited: Policy DSP9, Policy DSP2, Policy CS5
Judgments cited: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.