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Planning appeal decision

Notice varied and upheld4 June 20213262214

5 Pilley Hill, Pilley, Lymington, SO41 5QF

Planning appeal 3262214 at 5 Pilley Hill, Pilley, Lymington, SO41 5QF (New Forest) was allowed in part (a split decision) on 4 June 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice are excessive, having regard to its purpose (ground (f) appeal under section 174(2)(f) of the Town and Country Planning Act 1990).

without planning permission, erection of a conservatory in the approximate position shown shaded in blue on the plan attached to the notice

Authority
New Forest
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hawkins S
Postcode
SO41 5QF

Main issues, as the Inspector framed them

  • Whether the requirements of the enforcement notice are excessive, having regard to its purpose (ground (f) appeal under section 174(2)(f) of the Town and Country Planning Act 1990)

What decided it

The existence of a realistic fallback position under Class A of the GPDO, combined with the principle that enforcement notices should remedy breaches at proportionate cost, justified varying the notice to permit partial demolition and alteration as an alternative to total removal.

What the Inspector cited

Judgments
Garland v MHLG [1968] 20 P&CR 93; Tapecrown Ltd v FSS & Vale of White Horse DC [2006] EWCA Civ 1744; Wyatt Brothers (Oxford) Ltd v SSETR [2001] PLCR 161; Mata V SSCLG [2012] EWHC 3473 (Admin)

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 applied

The decision letter

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More decisions in New Forest

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

  1. Notice upheld11 May 20263345956
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  3. Notice varied and upheld29 April 20263375133
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  4. Notice varied and upheld14 April 20263374397
    Kensington Lodge, Main Road, Dibden, Southampton, SO45 5TD
  5. Notice varied and upheld12 March 20263328653
    Northerwood Avenue, , Lyndhurst, SO43 7DU

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.