®Planning appeal decision
Yosemite, 42 Halls Farm Close, Winchester, Hampshire, SO22 6RE
39 houses, 3 bungalows, garages, public open space, roads and footpaths without complying with a condition attached to planning permission Ref W09810/03 dated 15 November 1989 (new Ref 89/01329/OLD)
- Authority
- Winchester City Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- other · Major dwellings
- Inspector
- Harley S
Main issues, as the Inspector framed them
- whether the condition in dispute is reasonable and necessary having regard to the amenities of the area
What decided it
The condition must be assessed in relation to the whole estate rather than a single property in isolation, and its removal would be unreasonable because it would deprive other residents of the opportunity to make representations on future development proposals.
Framework references: 55
Plan policies cited: Policy CP13 of the Winchester District Local Plan Part 1 – Joint Core Strategy 2013, Policy DM16 of the Local Plan Part 2 2017, Policy DM17 of the Local Plan Part 2 2017
Judgments cited: Lambeth LBC v SSHCLG [2019] UKSC 33
The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.