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Planning appeal decision

Notice varied and upheld12 March 20263328653

Northerwood Avenue, , Lyndhurst, SO43 7DU

Without planning permission: i) The material change of use of the land affected to use for residential purposes unconnected with the residential use of 1 Swan Green Cottages, and for the stationing of two caravans (used for intermittent residential and/or storage purposes respectively); and ii) operational development comprising the erection of a fence in the approximate position shown coloured blue on the plan attached to this Notice

Authority
New Forest
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
caravan-gypsy · Change of use
Inspector
Madge M

Main issues, as the Inspector framed them

  • Whether the alleged breaches of planning control had occurred as a matter of fact when the notice was issued (ground b)
  • Whether at the date the notice was issued no enforcement action could be taken in respect of the breaches alleged (ground d)
  • Whether the steps required go beyond what is reasonably necessary to remedy the breach (ground f)
  • Whether the period for compliance is reasonable (ground g)

What decided it

The land was used as part of the curtilage of the main dwelling until late 2016 when it became a separate planning unit following the sale of the main house, meaning the material change of use to a caravan site occurred after the material date and enforcement action was timely.

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.