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Planning appeal decision

Allowed24 May 20223278351

5 Greenbanks Close, Milford on Sea, SO41 0SQ

Planning appeal 3278351 at 5 Greenbanks Close, Milford on Sea, SO41 0SQ (New Forest District Council) was allowed on 24 May 2022 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded.

Use of land as residential garden associated with 5 Greenbanks Close

Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Moss J
Postcode
SO41 0SQ

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a certificate of lawful use or development was well founded

What decided it

The appellants' statutory declaration, corroborated by third-party evidence and the Inspector's site observations of a well-maintained residential garden, was sufficiently precise and unambiguous to satisfy the balance of probabilities test, with no contradictory evidence from the Council.

The decision letter

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More decisions in New Forest District Council

The authority’s record since 2016 · every decision in 2022

  1. Allowed2 July 20266001075
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  3. Dismissed28 May 20266002232
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  4. Dismissed21 May 20263369784
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  5. Allowed29 April 20266005105
    Land at New Lane, Milford-on-Sea, SO41 0UQ

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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