Riverside Bath Road, LYMINGTON, SO41 3SE

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

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.

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

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

Every English appeal since 2016, with the letter behind it wherever the Inspectorate published one. Searched by meaning as well as by words, with the key case law counted live across the letters.

Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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