®Planning appeal decision
Appletree Barn, Appleford Lane, Whitwell, Isle of Wight, PO38 2PH
Planning appeal 3285537 at Appletree Barn, Appleford Lane, Whitwell, Isle of Wight, PO38 2PH (Isle of Wight Council) was dismissed on 17 May 2023 by Inspector Fagan N, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of Condition 3 (restriction to holiday use) constitutes a breach of planning control (ground c).
failure to comply with Condition 3 imposed on planning permission ref P/01012/16 granted on 16 September 2016
- Authority
- Isle of Wight Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Fagan N
- Postcode
- PO38 2PH
Main issues, as the Inspector framed them
- Whether the alleged breach of Condition 3 (restriction to holiday use) constitutes a breach of planning control (ground c)
- Whether planning permission ought to be granted for permanent residential use notwithstanding the breach (ground a)
- Whether the enforcement notice's requirements exceed what is necessary to remedy the breach (ground f)
- Whether the 6-month compliance period is reasonable (ground g)
- Whether the conditions can be removed under s.73A of the Act (Appeal C)
What decided it
The dwelling was only permitted in this isolated rural location because it was purpose-built high-quality tourist accommodation, and the appellants failed to demonstrate its unviability as such, so granting permanent residential use would not constitute sustainable development.
The modest benefit of providing one additional dwelling to the Island's housing stock was significantly and demonstrably outweighed by the adverse impacts of allowing unsustainable development (a permanent dwelling in an isolated countryside location remote from services contrary to NPPF paragraphs 79 and 80 and Island Plan Policy SP4).
What the Inspector cited
- Development plan policies
- Policy SP1 (Spatial Strategy)Policy SP2 (Housing)Policy SP4 (Tourism)Island Plan paragraph 5.166
- National Planning Policy Framework
- Paragraph 11Paragraph 60Paragraph 79Paragraph 80
- Judgments
- Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610; Finney v Welsh Ministers & Carmarthenshire CC & Energiekontor (UK) Ltd [2019] EWCA Civ 1868; [2020] JPL 524
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
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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.