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Planning appeal decision

Notice upheld26 July 20223290896

12 Portsdown Hill Road, Havant, PO9 3JX

Planning appeal 3290896 at 12 Portsdown Hill Road, Havant, PO9 3JX (Havant Borough Council) was dismissed on 26 July 2022 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control, namely the mixed use to include B2 car repairs and associated hard surface parking area, has occurred as a matter of fact.

Within the last 10 years and without planning permission, a material change of use to a mixed use consisting of B2 car repairs and C3 residential and engineering operations to create a hard surface parking area which forms part and parcel of the mixed use

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
employment-industrial · Change of use
Inspector
Hocking P
Postcode
PO9 3JX

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control, namely the mixed use to include B2 car repairs and associated hard surface parking area, has occurred as a matter of fact
  • Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach of planning control

What decided it

The appellant failed to demonstrate on the balance of probabilities that the mixed use comprising B2 car repairs and associated hard surface parking area had not occurred as a matter of fact, given the evidence of company vehicles, the substantial hardstanding created, and the number of vehicles present at the site.

The decision letter

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

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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.

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