Planning appeal decision
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
- Authority
- Test Valley Borough Council
- 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 appliedThe decision letter
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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.
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