®Planning appeal decision
Land at B and W Nurseries, Salisbury Road, Plaitford, Romsey, SO51 6EE
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
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.
Judgments cited: 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
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.