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Planning appeal decision

Notice upheld1 September 20263350252

16 Avon Road, Oakley, Basingstoke, RG23 7DJ

Planning appeal 3350252 at 16 Avon Road, Oakley, Basingstoke, RG23 7DJ (Basingstoke and Deane Borough Council) was dismissed on 1 September 2026 by Inspector Buchanan R, by written representations. The main issue, as the Inspector framed it: Whether the material change of use of the land from public open space to residential garden use, together with the erection of the close boarded fence and laying of hardstanding, had occurred as a matter of fact by the date the enforcement notice was issued.

Authority
Basingstoke and Deane Borough Council
Appeal type
Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Buchanan R

Main issues, as the Inspector framed them

  • Whether the material change of use of the land from public open space to residential garden use, together with the erection of the close boarded fence and laying of hardstanding, had occurred as a matter of fact by the date the enforcement notice was issued

What decided it

The appellants' evidence was not sufficiently precise or unambiguous to discharge the burden of proof on the balance of probability that the material change of use had not occurred, and was countered by credible evidence from the Council and interested parties indicating the new fence had incorporated public open space land into the residential garden.

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More decisions in Basingstoke and Deane

The authority’s record since 2016 · every decision in 2026

  1. Notice varied and upheld14 September 20263369273
    Flats 1 to 4, 51 & 53 Alexandra Road, Basingstoke, Hampshire, RG21 7RQ
  2. Notice varied and upheld8 May 20263376701
    Highgates, Highclere, Hampshire, RG20 9RQ
  3. Notice varied and upheld8 May 20263376489
    Land at Highgates, Highclere, Hants, RG20 9RQ
  4. Notice upheld11 March 20263343111
    4 Basingstoke Road, Kingsclere, Hampshire, RG20 5NN
  5. Dismissed19 November 20253367794
    The Olive House Restaurant, 21 Church Street, Basingstoke, RG21 7QQ

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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