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Planning appeal decision

Notice upheld9 December 20223287552

Bramshaw House, Bramshaw, LYNDHURST, SO43 7JL

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

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.

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

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.