New House Farm, 471 Newport Road, COWES, PO31 8PS

demolition of existing dwelling; proposed replacement dwelling & associated works; swimming pool and pool house (revised scheme) without complying with conditions attached to planning permission Ref P/01282/18, dated 10 January 2019

Authority: Isle of Wight Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Edwards S

Main issues, as the Inspector framed them

The effect of amending and/or removing the disputed conditions, in the context of an appeal made under Section 73 of the Town and Country Planning Act 1990

What decided it

The Section 73 appeal powers do not extend to amending the description of development, and removing the demolition condition would fundamentally alter the original planning proposal, which is beyond the scope of Section 73 and would require a fresh planning application.

Plan policies cited: DM2 Design Quality for New Development, DM12 Landscape, Seascape, Biodiversity and Geodiversity

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

The judgement stays yours. The tool gathers the material and dates it.