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Planning appeal decision

Notice varied and upheld14 June 20213260291

Land off Chilton Farm, Military Road, Brighstone , Isle of Wight , PO30 4DS

Planning appeal 3260291 at Land off Chilton Farm, Military Road, Brighstone , Isle of Wight , PO30 4DS (Isle of Wight Council) was allowed in part (a split decision) on 14 June 2021 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control has occurred as a matter of fact (ground b).

Without planning permission and within the last 10 years the material change of use of the Land from agricultural to a motorsport track together with changes in land levels for the creation of a motorsport track and the use of part of the Land for ancillary participants and spectators parking area

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Hocking P

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control has occurred as a matter of fact (ground b)
  • Whether there has been a breach of planning control, including whether the matters alleged constitute development or are permitted development (ground c)
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground f)

What decided it

The physical changes to the land undertaken in mid-2020, including engineering operations creating a track and placement of equipment and materials, have remained in situ and permanently altered the character of the land from agricultural to a primary use as a motorsport track, constituting a material change of use and development for which planning permission was required and not obtained.

What the Inspector cited

Judgments
Ramsey v Secretary of State for the Environment Transport and the Regions and Suffolk Coastal District Council [2002]

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.

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The decision letter

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More decisions in Isle of Wight

The authority’s record since 2016 · every decision in 2021

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  5. Notice varied and upheld7 April 20263359596
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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.

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