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Notice varied and upheld17 October 20243320888

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

Planning appeal 3320888 at Land at 12 Firgrove Lane (Land Adjacent to 7A The Old Piggery), North Boarhunt, Fareham, Hampshire, PO17 6JU (Winchester City Council) was allowed in part (a split decision) on 17 October 2024 by Inspector Fagan N, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
PO17 6JU

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.

The decision letter

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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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