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Quashed On Legal Grounds16 April 20243306531

S & D Nurseries, Dradfield Lane , Soberton, Southampton, SO32 3QD

Planning appeal 3306531 at S & D Nurseries, Dradfield Lane , Soberton, Southampton, SO32 3QD (Winchester City Council) was decided (quashed on legal grounds) on 16 April 2024 by Inspector Howell M, following a hearing. The main issue, as the Inspector framed it: Whether the enforcement notice is invalid and incapable of correction or variation without causing injustice to the appellants, the Council, or an interested party.

without planning permission the breach of condition 1 of the planning permission granted on appeal on 11 March 2014 under Council reference 13/01686/FUL (appeal reference APP/L1765/A/13/2207540) for the continued use of land to station a mobile home for a horticultural worker for a further three years (“the Planning Permission”). Condition 1 states: “The mobile home hereby permitted shall be removed and the land restored to its former condition on or before the expiry of three years from the date of this

Authority
Winchester City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Howell M
Postcode
SO32 3QD

Main issues, as the Inspector framed them

  • Whether the enforcement notice is invalid and incapable of correction or variation without causing injustice to the appellants, the Council, or an interested party

What decided it

The enforcement notice's requirements were insufficiently clear and could not be corrected or varied without causing injustice to one or more parties, rendering the notice invalid.

The decision letter

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More decisions in Winchester

The authority’s record since 2016 · every decision in 2024

  1. Dismissed15 October 20266012051
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  3. Notice upheld26 March 20263327152
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  4. Notice upheld19 January 20263331896
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  5. Notice upheld19 January 20263328886
    Shedfield Equestrian Centre, Botley Road, Shedfield, Southampton, Hampshire, SO32 2HN

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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