®Planning appeal decision
Oaksey Park Golf and Leisure, Oaksey Park , Oaksey, Malmesbury Wiltshire, SN16 9SB
the erection of 12no. two and three bed holiday lodges and covered parking / bin storage and associated access without complying with conditions attached to planning permission Ref N/10/01773/S73, dated 30 July 2010
- Authority
- Wiltshire Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Hearing
- Development
- residential · Other minor developments
- Inspector
- Heywood S
Main issues, as the Inspector framed them
- Whether or not Conditions 9, 11 and 12 can be removed and replaced with the suggested condition restricting occupancy to over 55s, having regard to the Town and Country Planning Act 1990 and other material considerations, including the Finney judgement
What decided it
The proposed change would alter the operative description of development from holiday lodges to housing for over-55s, which is beyond what can lawfully be achieved under section 73 following the Finney judgment.
Judgments cited: John Leslie Finney v Welsh Ministers, Carmarthenshire County Council, Energiekontor (UK) Limited [2019] EWCA Civ 1868
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.