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

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

Authority: Test Valley Borough Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Minor Dwellings
Inspector: Carpenter C

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.

Framework references: 56

Plan policies cited: CNDP Policy HD1, CNDP Policy HD5, TVLP Policy E5, TVLP Policy E8, TVLP Policy E7

Read the decision letter on the Inspectorate’s site

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What an account adds

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Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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