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Planning appeal decision

Allowed31 October 20233317728

White House, Stroud Road, Whaddon, Gloucestershire, GL4 0UB

Planning appeal 3317728 at White House, Stroud Road, Whaddon, Gloucestershire, GL4 0UB (Stroud District Council) was allowed on 31 October 2023 by Inspector Wilson L, following a hearing. The main issue, as the Inspector framed it: whether a condition restricting the occupancy of the dwelling is necessary and reasonable.

an outline application for the erection of a bungalow to replace existing dwelling; mains water supply; septic tank drainage without complying with a condition attached to planning permission Ref G.4966, dated 19 May 1967

Authority
Stroud District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Wilson L
Postcode
GL4 0UB

Main issues, as the Inspector framed them

  • whether a condition restricting the occupancy of the dwelling is necessary and reasonable

What decided it

The absence of any demonstrated agricultural need or demand for the dwelling, now or in the future, combined with the finding that a contemporary replacement dwelling application would be unlikely to attract such a condition.

What the Inspector cited

Development plan policies
Policy CP15Policy HC5
Judgments
Hambleton v SSE & Others [1994]; Braintree DC v SSCLG, Greyread Ltd & Granville Developments Ltd [2018] EWCA Civ 610

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 Stroud

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

  1. Notice varied and upheld4 February 20263370571
    23 Howmead, Berkeley, GL13 9AR
  2. Dismissed15 April 20253350885
    Site Of Former Reliance Works, Downton Road, Bridgend, Stonehouse, Gloucestershire, GL10 2AT
  3. Dismissed14 August 20243341620
    Tanhouse Farm, Frampton on Severn, Gloucestershire, GL2 7EH
  4. Allowed22 August 20233315117
    Barns at Ashcroft, Ashmead Green, Cam, Dursley, GL11 5HJ
  5. Allowed7 July 20223287704
    19 Churchill Road, Nailsworth, Gloucestershire, GL6 0DJ

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.