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Allowed13 November 20243336616

Fenstanton, Coley Lane, Chilbolton, Hants, SO20 6AZ

Planning appeal 3336616 at Fenstanton, Coley Lane, Chilbolton, Hants, SO20 6AZ (Test Valley Borough Council) was allowed on 13 November 2024 by Inspector Carpenter C, by written representations. The main issue, as the Inspector framed it: whether the condition is necessary, enforceable and reasonable, having regard to local housing need and highway safety.

demolition of existing dwelling, erection of one replacement four bedroom dwelling (plot 2), one additional three bedroom dwelling (plot 1), and construction of new shared vehicular access without complying with a condition attached to planning permission Ref 18/02779/FULLN, dated 24 October 2018

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Carpenter C
Postcode
SO20 6AZ

Main issues, as the Inspector framed them

  • whether the condition is necessary, enforceable and reasonable, having regard to local housing need and highway safety
  • the effect of the proposal on the integrity of designated European sites

What decided it

The disputed condition failed to satisfy the enforceability and reasonableness tests in NPPF paragraph 56 because the attic room could be converted to a bedroom without requiring planning permission and the Council would have no practical means of monitoring compliance.

What the Inspector cited

Development plan policies
CNDP Policy HD1CNDP Policy HD5TVLP Policy E5TVLP Policy E8TVLP Policy E7
National Planning Policy Framework
Paragraph 56

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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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.

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.