Appletree Barn, Appleford Lane, Whitwell, Isle of Wight, 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).