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Allowed15 February 20223274975

Fyre Stychen, Mount Pleasant Lane, Lymington, SO41 8LS

Planning appeal 3274975 at Fyre Stychen, Mount Pleasant Lane, Lymington, SO41 8LS (New Forest) was allowed on 15 February 2022 by Inspector Manning J, by written representations. The main issue, as the Inspector framed it: Whether the disputed agricultural occupancy condition meets the tests for planning conditions set out in the NPPF 2021.

erection of dwelling for agricultural worker without complying with a condition attached to planning permission Ref NFR 15422/2, dated 9 November 1971

Authority
New Forest
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Manning J
Postcode
SO41 8LS

Main issues, as the Inspector framed them

  • Whether the disputed agricultural occupancy condition meets the tests for planning conditions set out in the NPPF 2021

What decided it

The grant of a certificate of lawfulness conclusively presuming the lawfulness of occupation without the agricultural restriction means the condition is no longer necessary, relevant, enforceable or reasonable.

What the Inspector cited

Development plan policies
Policy DP32

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

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The authority’s record since 2016 · every decision in 2022

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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.