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Planning appeal decision

Notice upheld26 November 20243323893

Belmore Cottage, Belmore Lane, Upham, Southampton, Hampshire, SO32 1NQ

Planning appeal 3323893 at Belmore Cottage, Belmore Lane, Upham, Southampton, Hampshire, SO32 1NQ (South Downs) was dismissed on 26 November 2024 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether the material change of use to a dwellinghouse took place more than 4 years before the issue of the enforcement notice (Ground d).

without planning permission the material change of use of the building to use as a separate dwelling-house

Authority
South Downs
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Hand S
Postcode
SO32 1NQ

Main issues, as the Inspector framed them

  • Whether the material change of use to a dwellinghouse took place more than 4 years before the issue of the enforcement notice (Ground d)
  • Whether the requirements of the enforcement notice, particularly the removal of rooflights and internal fixtures and fittings, are excessive (Ground f)

What decided it

The building was not a separate planning unit but remained ancillary to the main dwelling due to the functional link with the nanny's employment, and the use as an independent dwelling commenced in July 2019, within 4 years of the enforcement notice.

The decision letter

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More decisions in South Downs

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

  1. Notice varied and upheld23 April 20263371500
    Land at Quin Hay Fram, Petersfield Road, Froxfield, Petersfield , GU32 1BZ
  2. Notice upheld9 February 20263346595
    Moodys Meadow, Petersfield Road, Bramdean, Hampshire, SO24 0JX
  3. Notice upheld28 January 20263333602
    Willow Spring Farm, Northchapel, Petworth, GU28 9EN
  4. Notice varied and upheld28 January 20263331030
    Land at Hucksholt Farm, Compton, Chichester, West Sussex, PO18 9NS
  5. Notice varied and upheld21 January 20263355722
    Lythe Lane, Petersfield, Hampshire, GU32 1AT

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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