Land at Blanchard Wells Ltd,The Meadows, Forester Road, Soberton Heath, Hampshire, SO32 3QG

Planning appeal 3330757 at Land at Blanchard Wells Ltd,The Meadows, Forester Road, Soberton Heath, Hampshire, SO32 3QG (Winchester City Council) was decided (quashed on legal grounds) on 22 February 2024 by Inspector Madge M, following an inquiry. The main issue, as the Inspector framed it: Whether the matter alleged in the notice has occurred as a matter of fact (ground (b)).

without planning permission, the material change of use of the Land to storage (B8); together with operational development which facilitates the change of use of the Land

Authority: Winchester City Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: employment-industrial · Change of use
Inspector: Madge M
Postcode: SO32 3QG

Main issues, as the Inspector framed them

Whether the matter alleged in the notice has occurred as a matter of fact (ground (b))
Whether, at the date when the notice was issued, no enforcement action could be taken in respect of the corrected breach of planning control because it had continued for at least 10 years without significant interruption (ground (d))

What decided it

The appellant's witness and aerial photographic evidence, unchallenged by the Council, established that the corrected use as an extension to the builder's yard had continued for more than 10 years without significant interruption, rendering the breach immune from enforcement.

What the Inspector cited

Judgments: Burdle v SSE [1972] 1 WLR 1207 (Div Court)

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.

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The decision letter

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

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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.