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Planning appeal decision

Quashed On Legal Grounds16 August 20243314612

18 Sirdar Road, Southampton, SO17 3SJ

Planning appeal 3314612 at 18 Sirdar Road, Southampton, SO17 3SJ (Southampton City Council) was decided (quashed on legal grounds) on 16 August 2024 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the breach of planning control (material change of use to 2 self-contained flats) occurred more than 4 years before the enforcement notice was issued and is therefore immune from enforcement action.

material change of use to 2 self contained flats

Authority
Southampton City Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S
Postcode
SO17 3SJ

Main issues, as the Inspector framed them

  • Whether the breach of planning control (material change of use to 2 self-contained flats) occurred more than 4 years before the enforcement notice was issued and is therefore immune from enforcement action

What decided it

The material change of use to 2 self-contained flats occurred in late summer 2018, more than 4 years before the enforcement notice was issued on 24 November 2022, making the breach immune from enforcement action under section 174(2)(d) of the Town and Country Planning Act 1990.

The decision letter

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

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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.

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