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Planning appeal decision

Quashed On Legal Grounds14 December 20213279279

Land at 15 Furzedale Park, Hythe, SOUTHAMPTON, SO45 3HU

without planning permission: (a) the change of use of the part of the land to the south of a line between point A and point C on the plan accompanying the enforcement notice from amenity land to use as residential parking for 15 Furzedale Park; (b) the erection of a double detached garage in the approximate position hatched blue on the plan; (c) the laying of a hardstanding in the approximate position shown coloured yellow on the plan, and; (d) the erection of a close-boarded fence varying in height along the boundary between 15 Furzedale Park and 8 Pinewood Drive and along the frontage to Pinewood Drive itself between points A and B on the plan

Authority
New Forest District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Hawkins S

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control

What decided it

The side land had continually been in single ownership and use as part of the residential planning unit of the dwelling, so there was no material change of use, and the building operations benefited from permitted development rights under the GPDO.

Judgments cited: Burdle and Williams v SSE and New Forest DC [1972] 1 WLR 1207

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.