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Dismissed15 December 20213279106

Penny Fiddle, Betsy Lane, Bransgore, Christchurch, BH23 8AQ

Planning appeal 3279106 at Penny Fiddle, Betsy Lane, Bransgore, Christchurch, BH23 8AQ (New Forest District Council) was dismissed on 15 December 2021 by Inspector Nicholls H, by written representations. The main issue, as the Inspector framed it: the effects of the proposal on the living conditions of future holiday guests, neighbouring occupiers within the host dwelling and at 'Thatch View', Nos 6 and 7 Canute Drive and 'Merleswood', with particular regard to privacy, noise and disturbance.

use of wooden garden cabin for holiday let (Retrospective)

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
leisure-sport · Other minor developments
Inspector
Nicholls H
Postcode
BH23 8AQ

Main issues, as the Inspector framed them

  • the effects of the proposal on the living conditions of future holiday guests, neighbouring occupiers within the host dwelling and at 'Thatch View', Nos 6 and 7 Canute Drive and 'Merleswood', with particular regard to privacy, noise and disturbance
  • the effects of the proposal on the holiday guests and the occupiers of the host dwelling in terms of the adequacy of the respective garden areas
  • whether the location of the site accords with local and national policies that seek to permit new development in areas that are at the lowest risk of flooding unless no other sequentially preferable sites are available
  • the effect of the proposal on protected trees
  • the effect of the proposal on the New Forest Special Area of Conservation, the New Forest Special Protection Area, the New Forest Ramsar site, the Solent and Southampton Water Special Protection Area, the Solent and Southampton Water Ramsar site, and the Solent Maritime Special Area of Conservation

What decided it

The identified harm to the living conditions of occupiers of the host dwelling and neighbouring properties through privacy, noise and disturbance, combined with the failure to accord with flood risk policy and the absence of mitigation for protected sites, meant the proposal conflicted with the development plan when taken as a whole.

The economic benefits to local businesses and the site's accessibility to facilities were outweighed by the harm to living conditions, poor design through garden curtailment, flood risk policy conflict, and unmitigated impacts on protected sites.

What the Inspector cited

Development plan policies
Policy ENV3Policy CCC1
National Planning Policy Framework
Paragraph 161Paragraph 162

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.

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The decision letter

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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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