The Malthouse, Church Lane , Botley , SO30 2EJ

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

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.

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