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Planning appeal decision

Notice upheld19 July 20243321286

The Birches, Canada Road, West Wellow, Romsey, SO51 6DE

Planning appeal 3321286 at The Birches, Canada Road, West Wellow, Romsey, SO51 6DE (New Forest) was dismissed on 19 July 2024 by Inspector Howell M, following a hearing. The main issue, as the Inspector framed it: Whether, on the balance of probability, the matters alleged in the notice have occurred (ground (b)).

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
Postcode
SO51 6DE

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.

What the Inspector cited

Judgments
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

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 New Forest

The authority’s record since 2016 · every decision in 2024

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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.

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.