Land at 12 Firgrove Lane (Land Adjacent to 7A The Old Piggery), North Boarhunt, FAREHAM, Hampshire, PO17 6JU

Without planning permission, the unauthorised material change of use of the land to residential; together with operational development that facilitates that change of use

Authority: Winchester City Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: residential · Change of use
Inspector: Fagan N

Main issues, as the Inspector framed them

Whether at the date the enforcement notice was issued, no enforcement action could be taken in respect of the breach of planning control on ground (d) of section 174(2) of the Town and Country Planning Act 1990

What decided it

The building was constructed as a dwelling from the start with no prior use, and meaningful residential use only commenced in October 2014, meaning the ten-year immunity period had not expired by March 2023 when the enforcement notice was issued.

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