Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Dismissed9 November 20213268190

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

Planning appeal 3268190 at The Aviator, Scotchells Brook Lane, Lake, Isle of Wight, PO36 0JP (Isle of Wight Council) was dismissed on 9 November 2021 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PO36 0JP

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.

What the Inspector cited

Development plan policies
Policy SP1 (Spatial Strategy)Policy SP4 (Tourism)
Judgments
Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

33 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in Isle of Wight

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

  1. Dismissed2 October 20266012036
    Romaldor, St Johns Road, Wroxall, PO38 3EL
  2. Allowed30 September 20266005418
    91 Staplers Road, Newport, PO30 2DG
  3. Allowed28 August 20266009573
    Pear Tree Cottage, Circular Road, Seaview, PO34 5ET
  4. Allowed28 August 20266009569
    School House Barn Land Adjacent Pear Tree Cottage, Circular Road, Seaview, PO34 5ET
  5. Allowed31 July 20266009454
    Sheep Lane Farm, Blythe Shute, Chale, Ventnor, PO38 2HJ

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.