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Dismissed6 April 20233302839

11 Clinton Road, Waterlooville, PO7 6DT

Planning appeal 3302839 at 11 Clinton Road, Waterlooville, PO7 6DT (Havant Borough Council) was dismissed on 6 April 2023 by Inspector White J, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PO7 6DT

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.

What the Inspector cited

Development plan policies
CS16DM10

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.