®Planning appeal decision
49 Bishopstoke Road, Bishopstoke, Eastleigh, Hampshire, SO50 6BF
Planning appeal 3320124 at 49 Bishopstoke Road, Bishopstoke, Eastleigh, Hampshire, SO50 6BF (Eastleigh Borough Council) was dismissed on 12 December 2023 by Inspector Harley S, by written representations. The main issue, as the Inspector framed it: the effect on the living conditions of occupiers of the host property No 49.
A two-bedroom dwelling in the rear garden of the host property
- Authority
- Eastleigh Borough Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Harley S
- Postcode
- SO50 6BF
Main issues, as the Inspector framed them
- the effect on the living conditions of occupiers of the host property No 49
- the effect on the character and appearance of the locality
- whether satisfactory living conditions would be provided for future occupiers of the proposed dwelling
- flood risk
- the effect on the integrity of protected habitats and biodiversity
What decided it
Regulation 63 of The Conservation of Habitats and Species Regulations 2017 prevented the Inspector, as competent authority, from granting permission because the proposal could not be confidently concluded to avoid severe adverse effects on the integrity of protected sites.
The significant benefits of housing supply, efficient land use, and economic benefits during construction were outweighed by substantial harm to neighbour amenity, conservation area character, future occupier living conditions, protected trees, and protected habitats; the tilted balance was not engaged as the Council could demonstrate a five-year housing land supply.
What the Inspector cited
- Development plan policies
- Policy DM1Policy DM3Policy DM5Policy DM6Policy DM8Policy DM11
- National Planning Policy Framework
- Paragraph 11Paragraph 12Paragraph 14Paragraph 15
- Judgments
- South Buckinghamshire DC v Porter [2004] UKHL 33
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 appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.