The Aviator, Scotchells Brook Lane, Lake, Isle of Wight, PO36 0JP

proposed conversion of restaurant to four holiday apartments without complying with a condition attached to planning permission Ref 19/00443/FUL, dated 15 November 2019

Authority: Isle of Wight Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Buchanan R

Main issues, as the Inspector framed them

Whether condition No 4 can lawfully be removed under section 73 of the Town and Country Planning Act 1990 without fundamentally altering the nature of the development

What decided it

Removal of condition No 4 would fundamentally alter the nature of the development from holiday accommodation to permanent residential use, which is outside the scope of section 73 applications as established in Finney.

Plan policies cited: Policy SP1 (Spatial Strategy), Policy SP4 (Tourism)

Judgments cited: Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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