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Notice upheld3 December 20213276618

Land at B and W Nurseries, Salisbury Road, Plaitford, Romsey, SO51 6EE

Planning appeal 3276618 at Land at B and W Nurseries, Salisbury Road, Plaitford, Romsey, SO51 6EE (New Forest) was dismissed on 3 December 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (Ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990).

Without planning permission, the change of use of buildings on plant nursery site to a mixed use of plant nursery and residential living accommodation

Authority
New Forest
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Curnow R
Postcode
SO51 6EE

Main issues, as the Inspector framed them

  • Whether, at the date the enforcement notice was issued, enforcement action could be taken in respect of the alleged breach of planning control (Ground (d) appeal under section 174(2)(d) of the Town and Country Planning Act 1990)

What decided it

The Inspector's finding that the use of multiple separate buildings for residential purposes does not amount to the creation of a single dwellinghouse, meaning the 10-year time limit applied and the breach was not time-barred.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207; Trustees of Castell-y-Mynach Estate v Taff-Ely BC [1985] JPL 40; Bramall v SSCLG [2011] JPL 1373; Gravesham BC v SSE & O'Brien [1983] JPL 306

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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More decisions in New Forest

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

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  3. Notice varied and upheld29 April 20263375133
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  4. Notice varied and upheld14 April 20263374397
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  5. Notice varied and upheld12 March 20263328653
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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.