®Planning appeal decision
The Birches, Canada Road, West Wellow, Romsey, SO51 6DE
without planning permission, the erection of a building shown in the approximate position hatched green on the plan attached to this Notice
- Authority
- New Forest
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Hearing
- Development
- agricultural · Householder developments
- Inspector
- Howell M
Main issues, as the Inspector framed them
- Whether, on the balance of probability, the matters alleged in the notice have occurred (ground (b))
- Whether, on the balance of probability, the matters alleged in the notice do not constitute a breach of planning control (ground (c))
What decided it
The works were found, on a fact and degree assessment, to constitute the rebuilding of the original building, which amounts to operational development requiring planning permission that had not been obtained.
Judgments cited: Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerritts of Nottingham Ltd v SSETR (No.2) [2000] JPL 1025; Hughes v SSETR & South Holland DC [2000] JPL 826
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.