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Dismissed9 November 20213277678

7 Vale Road, Poole, BH14 9AT

Planning appeal 3277678 at 7 Vale Road, Poole, BH14 9AT (Bournemouth, Christchurch and Poole) was dismissed on 9 November 2021 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate was well-founded, turning on whether the proposal represents a material change of use constituting development as defined in section 55 of the Town and Country Planning Act 1990.

Change of use of double garage to private physiotherapy clinic, run solely by owner, 8am-8pm working hours, 5 days per week, up to 5 clients per day

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Bond V
Postcode
BH14 9AT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate was well-founded, turning on whether the proposal represents a material change of use constituting development as defined in section 55 of the Town and Country Planning Act 1990

What decided it

The marked rise in traffic and people calling over extended working hours throughout the day would result in a significant change in the character of use compared to the existing residential use, taking the proposed physiotherapy clinic beyond a use ancillary to the primary residential use.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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 Bournemouth Christchurch and Poole

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

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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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