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Planning appeal decision

Notice upheld11 October 20243324862

8 Newport Road, Ventnor, Ise of Wight, PO38 1AE

Planning appeal 3324862 at 8 Newport Road, Ventnor, Ise of Wight, PO38 1AE (Isle of Wight Council) was dismissed on 11 October 2024 by Inspector Fagan N, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice have occurred as a matter of fact.

without planning permission and within the last 4 years the carrying out of an engineering operation by the importation of aggregate/gravel and the levelling and raising of land levels

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
minerals-waste · Other minor developments
Inspector
Fagan N
Postcode
PO38 1AE

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice have occurred as a matter of fact
  • Whether those matters constitute a breach of planning control
  • Whether enforcement action could be taken at the date the notice was issued
  • Whether the notice was correctly served
  • Whether the steps required by the notice exceed what is necessary to remedy the breach

What decided it

The engineering operation of importing substantial quantities of material onto the land constitutes a breach of planning control for which no valid planning permission exists, and the enforcement notice was correctly served within the four-year limitation period.

What the Inspector cited

Development plan policies
Policy SP5Policy DM2Policy DM15
National Planning Policy Framework
Paragraph 180

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 Isle of Wight

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

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  3. Quashed On Legal Grounds22 May 20263326561
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  4. Planning permission granted12 May 20263329338
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  5. Notice varied and upheld30 April 20263314104
    Bridge Cottage, St Catherines Road, Niton, Ventnor, Isle of Wight, PO38 2NE

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.