Land at Passford Farm Southampton Road, Boldre, LYMINGTON, SO41 8ND

Main issues, as the Inspector framed them

• Whether there is a ground (b) appeal, i.e. whether a material change of use occurred
• Whether the Lodge succeeds on ground (d) - continuous use as an independent dwelling for more than 4 years
• Whether the Barn succeeds on ground (d) - continuous use as an independent dwelling for more than 4 years
• Whether the fencing around the Barn is permitted development (ground (c)) and, if not, whether planning permission should be granted (ground (a))
• Whether the outbuilding is permitted development (ground (c)) and, if not, whether planning permission should be granted (ground (a))
• Whether there was deliberate concealment sufficient to displace the statutory time limits

What decided it

The finding that the Lodge and Barn had each been in continuous use as independent dwellings for more than four years, without deliberate concealment sufficient to displace the statutory time limit, which established immunity from enforcement under ground (d).

For the Barn's means of enclosure, the less than substantial harm to the setting of the listed farmhouse was outweighed by the fact that an equivalent fallback boundary treatment outside the listed curtilage would cause similar harm, so nothing was to be gained in planning or heritage terms from refusing permission, and it was granted; for the outbuilding, the identified harms to design, openness and setting were not outweighed by any countervailing benefit, so permission was refused.