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Dismissed2 March 20223277581

The Malthouse, Church Lane , Botley , SO30 2EJ

Planning appeal 3277581 at The Malthouse, Church Lane , Botley , SO30 2EJ (Eastleigh Borough Council) was dismissed on 2 March 2022 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: The effect of removing the disputed condition, in the context of an appeal made under Section 73 of the Act, having regard to the Council's reason for refusal in respect of harm to road user safety.

change of use from warehouse to 3no.dwellings with single storey rear extension, rear dormer windows, elevational alterations, car parking and amenity space following part demolition of existing building without complying with a condition attached to planning permission Ref F/20/87233, dated 12 June 2020

Authority
Eastleigh Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Leonard S
Postcode
SO30 2EJ

Main issues, as the Inspector framed them

  • The effect of removing the disputed condition, in the context of an appeal made under Section 73 of the Act, having regard to the Council's reason for refusal in respect of harm to road user safety

What decided it

Removal of the parking condition would conflict with the description of development in the original permission and go beyond the powers available under Section 73 of the Act, as established by the Finney judgement.

The decision letter

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More decisions in Eastleigh

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.

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