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Notice upheld28 July 20223283854

Land at 31 Rossan Avenue, Warsash, Southampton, SO31 9JQ

Planning appeal 3283854 at Land at 31 Rossan Avenue, Warsash, Southampton, SO31 9JQ (Fareham Borough Council) was dismissed on 28 July 2022 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control by carrying out engineering operations to change land levels in the rear garden (ground c).

Without planning permission, the carrying out of engineering operations to change the land levels in the rear garden of 31 Rossan Avenue

Authority
Fareham Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Hocking P
Postcode
SO31 9JQ

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control by carrying out engineering operations to change land levels in the rear garden (ground c)
  • Whether the enforcement notice was issued too late (ground d)
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach (ground f)

What decided it

The appellant failed to discharge the burden of proof on all three grounds of appeal, particularly in demonstrating that substantive engineering operations did not constitute development or that enforcement action was time-barred.

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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