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Dismissed5 December 20223295080

Lavender Lea Hunger Hill, Henley-in-Arden, B95 5ND

Planning appeal 3295080 at Lavender Lea Hunger Hill, Henley-in-Arden, B95 5ND (Stratford-on-Avon District Council) was dismissed on 5 December 2022 by Inspector Smith H, by written representations. The main issue, as the Inspector framed it: Whether the proposed removal of holiday let restriction would result in an unsustainably located residential unit.

change of use of existing games room constructed under permitted development to holiday let, without complying with a condition attached to planning permission Ref 17/01411/FUL, dated 24 July 2017

Authority
Stratford-on-Avon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Smith H
Postcode
B95 5ND

Main issues, as the Inspector framed them

  • Whether the proposed removal of holiday let restriction would result in an unsustainably located residential unit

What decided it

The appeal property is located in an unsustainable location in open countryside outside designated settlements, and the appellant failed to demonstrate that the holiday let business is genuinely unviable, as the financial losses were attributable to Covid-19 pandemic restrictions rather than inherent unviability of the use.

What the Inspector cited

Development plan policies
Policy CS.1Policy CS.5Policy CS.9Policy CS.10Policy CS.15Policy AS.10Policy CS.22

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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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.