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Notice varied and upheld15 February 20233308166

Land at Land Adjacent to Holtwood Farm, Hamstead Marshall, Newbury, RG20 0JH

Planning appeal 3308166 at Land at Land Adjacent to Holtwood Farm, Hamstead Marshall, Newbury, RG20 0JH (West Berkshire District Council) was allowed in part (a split decision) on 15 February 2023 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was properly served (ground e).

Material change of use of land to mixed use of agriculture and residential by siting of touring caravan and erection of new building containing 2 residential flats on mezzanine level and equine facility with stables; building substantially larger than approved plans with additional fenestration and increased footprint

Authority
West Berkshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Change of use
Inspector
Hand S
Postcode
RG20 0JH

Main issues, as the Inspector framed them

  • Whether the enforcement notice was properly served (ground e)
  • Whether an equine use has been established in the barn (ground b)
  • Whether planning permission should be granted for the residential use and enlarged barn (ground a)
  • Whether the requirements of the enforcement notice are too onerous (ground f)
  • The appropriate period for compliance with the notice (ground g)

What decided it

The residential use failed to meet Policy C5 requirements for rural workers dwellings as the business plan lacked credibility, the alpaca business was not independently viable, and no evidence of alternative accommodation was provided.

What the Inspector cited

Development plan policies
Policy C5Policy CS14Policy CS19

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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More decisions in West Berkshire

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

  1. Notice varied and upheld22 August 20253363100
    Land Adjoining ‘Sandhill’, Hampstead Norreys Road, Hermitage, RG18 9XU
  2. Allowed10 July 20253356688
    Land South of Sandhill, Hermitage, Thatcham, RG18 9XU
  3. Notice varied and upheld5 March 20253351139
    Land South of Brimpton Lane and West of Blacknest Lane, Brimpton Common, Reading, RG7 4RS
  4. Notice varied and upheld12 February 20253350386
    Lake House, West Woodhay, Newbury, RG20 0BU
  5. Dismissed15 August 20243325974
    Shoreline (Formerly Hire Co Ltd), Colthrop Lane, Thatcham, RG19 4NT

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.