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Dismissed7 May 20243331326

Broadway Farm, Broad Oak, Botley, Southampton, SO30 2EU

Planning appeal 3331326 at Broadway Farm, Broad Oak, Botley, Southampton, SO30 2EU (Eastleigh Borough Council) was dismissed on 7 May 2024 by Inspector Phillips A, following an inquiry. The main issue, as the Inspector framed it: The main issue is whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded.

building operation by the laying of sub-base hard core (type one crushed concrete) with concrete cellular ‘grasscrete’, together with the parking of motorised vehicles to include heavy vehicles and trailers

Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
employment-industrial · Major general industry/storage/warehousing
Inspector
Phillips A
Postcode
SO30 2EU

Main issues, as the Inspector framed them

  • The main issue is whether the Council's decision to refuse to grant a certificate of lawful use or development was well-founded
  • Whether the appellant has proved on the balance of probabilities that the operational development comprising the laying of sub-base hard core (type one crushed concrete) with concrete cellular 'grasscrete' was substantially completed on or before 25 April 2019
  • Whether the appellant has proved on the balance of probabilities that the use of the property changed to use for the parking of motorised vehicles to include heavy vehicles and trailers on or before 25 April 2013 and the use then continued without significant interruption for 10 years after the date of the change
  • Whether or not the subsequent building operation comprising of the laying of the tarmacadam constitutes new engineering works which have commenced a new chapter in the planning history for the appeal site

What decided it

The appellant failed to prove on the balance of probabilities the extent/completion date of the grasscrete works and that the parking use had continued for the required ten-year period from the alleged 2013 start date.

What the Inspector cited

Judgments
Cottrell v SSE & Tonbridge and Malling BC [1982] JPL 443

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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More decisions in Eastleigh

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

  1. Allowed28 October 20266015767
    4 Barfoot Road, Hedge End, Southampton, SO30 2LL
  2. Notice varied and upheld7 October 20253329379
    58 Bright Wire Crescent, Eastleigh, SO50 5SQ
  3. Split Decision30 September 20253361911
    Broadway Farm Broad Oak, Botley, Southampton, SO30 2EU
  4. Notice upheld6 October 20233311550
    7 Lynton Road, Hedge End, Eastleigh, Hampshire, SO30 4EY
  5. Split Decision19 May 20233231762
    Land to the East of Little Hatts Recreation Ground, Tickner Close, Botley, Southampton, SO30 2SW

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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