®Planning appeal decision
Kingsmead, Winford Farm, Watery Lane, Newchurch, Sandown, Isle of Wight, PO36 0LX
Planning appeal 3286215 at Kingsmead, Winford Farm, Watery Lane, Newchurch, Sandown, Isle of Wight, PO36 0LX (Isle of Wight Council) was allowed on 19 July 2023 by Inspector Fagan N, by written representations. The main issue, as the Inspector framed it: Whether, at the date the notice was issued, enforcement action could be taken (ground (d)).
the construction of a dwelling house together with garage
- Authority
- Isle of Wight Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Fagan N
- Postcode
- PO36 0LX
Main issues, as the Inspector framed them
- Whether, at the date the notice was issued, enforcement action could be taken (ground (d))
- Whether planning permission ought to be granted for the breach of planning control (ground (a))
What decided it
The personal 24/7 care needs of the disabled appellant that are readily facilitated by his daughter living in the appeal building, combined with the out-of-date spatial strategy policy, were together sufficient to allow the appeal under the tilted balance.
The adverse impact of conflicting with the out-of-date Policy SP1 was outweighed by the benefits of adding a needed dwelling to the housing stock, the sustainable location near Winford and Sandown with good transport links, the absence of planning harm to character or design, and the personal care circumstances of the appellant.
What the Inspector cited
- Development plan policies
- Policy SP1 (Spatial Strategy)Policy DM2 (Design Quality for New Development)Policy DM12 (Landscape, Seascape, Biodiversity etc)Policy DM4 (Affordable Housing Contributions)
- National Planning Policy Framework
- Paragraph 80Paragraph 11
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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With an account
What an account adds to this decision
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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.