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Planning appeal decision

Allowed10 December 20213262856

Land at The Mushroom Farm, Rockbourne, SP6 3NS

Planning appeal 3262856 at Land at The Mushroom Farm, Rockbourne, SP6 3NS (New Forest District Council) was allowed on 10 December 2021 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the building known as The Lodge has been used as an independent dwelling or as ancillary overflow accommodation to the main house.

a dwellinghouse

Authority
New Forest District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hand S
Postcode
SP6 3NS

Main issues, as the Inspector framed them

  • Whether the building known as The Lodge has been used as an independent dwelling or as ancillary overflow accommodation to the main house

What decided it

On the balance of probability, the building has been occupied as a separate dwelling for more than 4 years, satisfying the statutory test for lawfulness under section 191 of the Town and Country Planning Act 1990.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142

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 District Council

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

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  5. Allowed29 April 20266005105
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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.

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.