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Planning appeal decision

Notice upheld4 August 20213265342

The Land & Premises Known As 41 Burley Road, Winkton, Christchurch, BH23 7AJ

Planning appeal 3265342 at The Land & Premises Known As 41 Burley Road, Winkton, Christchurch, BH23 7AJ (Bournemouth, Christchurch and Poole) was dismissed on 4 August 2021 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: Whether the change of use of the extension to a new dwelling occurred at least four years prior to the enforcement notice being issued (ground d appeal).

Without planning permission, on the land edged red, in the approximate hatched blue, the change of use of an extension to 41 Burley Road, resulting in a new dwelling and the erection of a single storey side extension serving as an entrance lobby/porch, and subdivision of the land edged red

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Symons G
Postcode
BH23 7AJ

Main issues, as the Inspector framed them

  • Whether the change of use of the extension to a new dwelling occurred at least four years prior to the enforcement notice being issued (ground d appeal)
  • Whether the entrance lobby/porch constitutes permitted development (ground c appeal)

What decided it

The appellants failed to prove on the balance of probability that the change of use to a dwellinghouse occurred at least four years before the enforcement notice was issued, as evidenced by inconsistent dates in their statutory declarations and planning applications, and the first tenancy commencing after the material date.

The decision letter

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More decisions in Bournemouth Christchurch and Poole

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

  1. Notice varied and upheld11 September 20263359540
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  2. Allowed9 September 20263362377
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  3. Dismissed4 September 20266008242
    5 Bank Chambers, Penn Hill Avenue, Poole, BH14 9NB
  4. Allowed3 September 20263356534
    Flat 2B, Whitley Court, West Cliff Gardens, Bournemouth, Dorset, BH2 5HL
  5. Notice upheld27 March 20263337488
    The Boathouse, 9 Quay Road, Christchurch, BH23 1BU

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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