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Planning appeal decision

Notice varied and upheld21 July 20233307496

Land Adjacent to Oak Tree Farm, Gibbs Lane, Shorheath Common, Bordon, GU35 9JS

Planning appeal 3307496 at Land Adjacent to Oak Tree Farm, Gibbs Lane, Shorheath Common, Bordon, GU35 9JS (East Hampshire District Council) was allowed in part (a split decision) on 21 July 2023 by Inspector Hocking P, by written representations. The main issue, as the Inspector framed it: Whether the alleged breach of planning control, namely a sui generis use, has occurred as a matter of fact (ground b).

Material change of use of land to storage of motor vehicles

Authority
East Hampshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Hocking P
Postcode
GU35 9JS

Main issues, as the Inspector framed them

  • Whether the alleged breach of planning control, namely a sui generis use, has occurred as a matter of fact (ground b)
  • Whether there has been a breach of planning control, including whether planning permission or certificate of lawfulness exists for the use (ground c)
  • Whether at the date the notice was issued it was too late to take enforcement action (ground d)

What decided it

The appellants failed to discharge the burden of proof required under grounds (c) and (d) to demonstrate either that planning permission existed for the motor vehicle storage use or that it had acquired immunity through ten years of continuous use.

The decision letter

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More decisions in East Hampshire District Council

The authority’s record since 2016 · every decision in 2023

  1. Invalid29 July 20263348750
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  2. Dismissed17 June 20266005417
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  3. Notice varied and upheld22 January 20263341619
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  4. Quashed On Legal Grounds30 December 20253346355
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  5. Notice varied and upheld11 December 20253368242
    Lot 10b Comley Hill, Rowlands Castle, Hampshire, PO9 5ND

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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