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Planning appeal decision

Notice upheld9 December 20223287552

Bramshaw House, Bramshaw, Lyndhurst, SO43 7JL

Planning appeal 3287552 at Bramshaw House, Bramshaw, Lyndhurst, SO43 7JL (New Forest) was dismissed on 9 December 2022 by Inspector Perkins L, following a hearing. The main issue, as the Inspector framed it: The main issue in Appeal A and B is whether the matters stated in the enforcement notice constitute a breach of planning control, ie the ground (c) appeal.

Without planning permission the erection of a building in the approximate location shown shaded green on the plan attached to this Notice

Authority
New Forest
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Householder developments
Inspector
Perkins L
Postcode
SO43 7JL

Main issues, as the Inspector framed them

  • The main issue in Appeal A and B is whether the matters stated in the enforcement notice constitute a breach of planning control, ie the ground (c) appeal.
  • The main issue in Appeal C is whether the decision of the Authority to refuse the lawful development certificate was well-founded or not.

What decided it

The outbuilding was found not to be permitted development because its scale was not incidental to the dwellinghouse and the eaves height was not shown, and was found, to comply with the 2.5 metre limit.

What the Inspector cited

Judgments
Emin v SSE & Mid Sussex DC [1989] JPL 909

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 applied

The decision letter

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More decisions in New Forest

The authority’s record since 2016 · every decision in 2022

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  3. Notice varied and upheld29 April 20263375133
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  4. Notice varied and upheld14 April 20263374397
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  5. Notice varied and upheld12 March 20263328653
    Northerwood Avenue, , Lyndhurst, SO43 7DU

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.