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Planning appeal decision

Allowed5 September 20233323846

Riverside Bath Road, Lymington, SO41 3SE

Planning appeal 3323846 at Riverside Bath Road, Lymington, SO41 3SE (New Forest District Council) was allowed on 5 September 2023 by Inspector Tivey C, by written representations. The main issue, as the Inspector framed it: Whether the non-compliance with conditions 2 and 3 of planning permission 22/10345 would protect the living conditions of the occupants of neighbouring residential properties in respect of privacy.

a first floor side/rear extension without complying with conditions attached to planning permission Ref. 22/10345, dated 3 May 2022

Authority
New Forest District Council
Appeal type
householder · Householder (HAS)
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Tivey C
Postcode
SO41 3SE

Main issues, as the Inspector framed them

  • Whether the non-compliance with conditions 2 and 3 of planning permission 22/10345 would protect the living conditions of the occupants of neighbouring residential properties in respect of privacy

What decided it

The oblique angles of views from the modified windows, intervening vegetation, and the fact that windows serve circulation areas rather than habitable rooms meant that no material increase in overlooking would occur, allowing the appeal to succeed subject to a condition preventing use of the flat roof as external amenity space.

What the Inspector cited

Development plan policies
Policy ENV3 of the New Forest District Local Plan 2016-2036 Part One: Planning Strategy

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 District Council

The authority’s record since 2016 · every decision in 2023

  1. Allowed2 July 20266001075
    Ss6 Land East of Lower Pennington Lane, Pennington, Lymington, SO41 8AL
  2. Dismissed29 May 20266003790
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  3. Dismissed28 May 20266002232
    Land Rear of Kona, Sway Road, Lymington, SO41 8LR
  4. Dismissed21 May 20263369784
    Little Nutley, Ringwood Road, Sopley, BH23 7BB
  5. Allowed29 April 20266005105
    Land at New Lane, Milford-on-Sea, SO41 0UQ

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.