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Planning appeal decision

Quashed On Legal Grounds13 August 20213273610

1 Pinewood Close, ROMSEY, Hampshire, SO51 7TN

without planning permission the making of a material change in use in respect of that part of the land shown cross- hatched red on an attached plan to use for residential purposes incidental to the enjoyment of the dwelling at No 1 Pinewood Close

Authority
Test Valley Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hawkins S

Main issues, as the Inspector framed them

  • Whether a material change of use of the strip to residential purposes incidental to the enjoyment of the dwelling has occurred as a matter of fact

What decided it

The strip remained physically and functionally separate from the dwelling and its gardens, with no direct access and no significant difference in activity or management compared to its previous use as roadside open space, such that it did not form part of the same planning unit and no material change of use to residential purposes had occurred.

Judgments cited: Burdle and Williams v SSE and New Forest DC [1972] 1 WLR 1207

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.