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Planning appeal decision

Notice varied and upheld19 November 20213276013

Land to the South of Brigadier Gerard Public House, Botley Road, Horton Heath, Hampshire , SO50 7DQ

Planning appeal 3276013 at Land to the South of Brigadier Gerard Public House, Botley Road, Horton Heath, Hampshire , SO50 7DQ (Eastleigh Borough Council) was allowed in part (a split decision) on 19 November 2021 by Inspector Hawkins S, by written representations.

Authority
Eastleigh Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
Minor general industry/storage/warehousing
Inspector
Hawkins S
Postcode
SO50 7DQ

What decided it

The Council's investigation and enforcement action, while containing drafting defects in the notice, were not so unreasonable as to have caused unnecessary or wasted expenditure that could have been avoided by more diligent investigation or case management.

What the Inspector cited

Judgments
Manchester City Council v SSE & Mercury Communications Limited [1988] JPL 774

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.

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The decision letter

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More decisions in Eastleigh

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

  1. Allowed28 October 20266015767
    4 Barfoot Road, Hedge End, Southampton, SO30 2LL
  2. Notice varied and upheld7 October 20253329379
    58 Bright Wire Crescent, Eastleigh, SO50 5SQ
  3. Split Decision30 September 20253361911
    Broadway Farm Broad Oak, Botley, Southampton, SO30 2EU
  4. Dismissed7 May 20243331326
    Broadway Farm, Broad Oak, Botley, Southampton, SO30 2EU
  5. Notice upheld6 October 20233311550
    7 Lynton Road, Hedge End, Eastleigh, Hampshire, SO30 4EY

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.