®Planning appeal decision
Land at 15 Furzedale Park, Hythe, Southampton, SO45 3HU
Planning appeal 3279279 at Land at 15 Furzedale Park, Hythe, Southampton, SO45 3HU (New Forest District Council) was decided (quashed on legal grounds) on 14 December 2021 by Inspector Hawkins S, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control.
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
- Postcode
- SO45 3HU
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.
What the Inspector cited
- Judgments
- Burdle and Williams v SSE and 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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in New Forest District Council
The authority’s record since 2016 · every decision in 2021
- Notice varied and upheld9 October 2024333191577 Burley Road, Bockhampton, Bransgore, BH23 7AJ
- Split Decision6 July 20233318663Land to the South of Oakbridge House, Lymore Valley, Milford on Sea, Hampshire, SO41 0TW
- Split Decision6 July 20233318662Land to the South of Oakbridge House, Lymore Valley, Milford on Sea, Hampshire, SO41 0TW
- Notice varied and upheld3 March 20223286060Land at 5 Furzedale Park, Hythe, SO45 3HQ
- Planning permission granted17 November 2021327641275 Jacobs Gutter Lane, Totton, Southampton, SO40 9FU
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.