Planning appeal decision
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
- Authority
- Bournemouth, Christchurch and Poole
- 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
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- Allowed9 September 20263362377The Barn, 41A Burley Road, Bockhampton, Christchurch, Dorset, BH23 7AJ
- Dismissed4 September 202660082425 Bank Chambers, Penn Hill Avenue, Poole, BH14 9NB
- Allowed3 September 20263356534Flat 2B, Whitley Court, West Cliff Gardens, Bournemouth, Dorset, BH2 5HL
- Notice upheld27 March 20263337488The 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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