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Planning appeal decision

Dismissed6 April 20233302839

11 Clinton Road, WATERLOOVILLE, PO7 6DT

change of use of section of existing rear outbuilding for hair and beauty salon. (Revised Hours of Opening: 09:00-18:00 (Tuesday, Wednesday, Friday) and 09:00-15:30 (alternate Saturdays)) without complying with a condition attached to planning permission Ref APP/20/00840, dated 23 August 2021

Authority
Havant Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
retail · Minor retail and services
Inspector
White J

Main issues, as the Inspector framed them

  • Whether an application under section 73 of the Town and Country Planning Act 1990 can be used to vary the hours of operation where those hours are specified in the description of development

What decided it

The hours of operation are specified in the description of development, and varying them via a section 73 application would breach the Finney judgement by requiring alteration of the operative part of the permission.

Plan policies cited: CS16, DM10

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.