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Dismissed21 February 20253336411

Cupressus, Durley Brook Road, Durley, SO32 2AR

Planning appeal 3336411 at Cupressus, Durley Brook Road, Durley, SO32 2AR (Winchester City Council) was dismissed on 21 February 2025 by Inspector Hitchcock R, following an inquiry. The main issue, as the Inspector framed it: Whether or not the Authority's decision to refuse the LDC was well founded.

Use of land as residential garden to the dwellinghouse known as Cupressus (certificate of lawful use application)

Authority
Winchester City Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
residential · Change of use
Inspector
Hitchcock R
Postcode
SO32 2AR

Main issues, as the Inspector framed them

  • Whether or not the Authority's decision to refuse the LDC was well founded

What decided it

The appellant failed to provide sufficiently precise and unambiguous evidence that a residential garden use had supplanted agricultural use across the whole Land continuously for 10 years without interruption.

What the Inspector cited

Judgments
Burdle & Williams v SSE & New Forest RDC [1972] 1 WLR 1207; Panton & Farmer v SSETR & Vale of White Horse DC [1999] JPL 461; Thurrock v SSE & Holding [2002] EWCA Civ 226; R (oao East Sussex CC) v SSCLG & Robins & Robins [2009] EWHC 3841

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 Winchester

The authority’s record since 2016 · every decision in 2025

  1. Dismissed15 October 20266012051
    Cupressus, Durley Brook Road, Southampton, SO32 2AR
  2. Allowed10 August 20266005547
    Land at Lower Paddock, Bent Lane, Hambledon, PO7 4QP
  3. Notice upheld26 March 20263327152
    2 Calpe Yard St. Thomas Street, Winchester, SO23 9HE
  4. Notice upheld19 January 20263331896
    Shedfield Equestrian Centre, Botley Road, Shedfield, Southampton, Hampshire, SO32 2HN
  5. Notice upheld19 January 20263328886
    Shedfield Equestrian Centre, Botley Road, Shedfield, Southampton, Hampshire, SO32 2HN

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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