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Planning appeal decision

Allowed8 June 20263359248

6 Albert Road, DORCHESTER, DT1 1SF

Authority
Dorset
Appeal type
minor · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Hand S

Main issues, as the Inspector framed them

  • Whether planning permission 1/E/87/137 granted in 1987 remains extant notwithstanding the commencement of a later planning permission in 2023

What decided it

The 1987 planning permission remains extant because there is no physical impediment to its implementation, and the commencement of the 2023 permission did not constitute a radical change in the nature or use of the building sufficient to extinguish the prior development rights.

Judgments cited: Pilkington v SSE & Lancashire CC [1973] 1 WLR 1527; Prestige Homes (Southern) Ltd v SSE & Shepway DC [1992]; Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30; Choice Place Properties Ltd v SSHCLG & LB of Barnett Case No: CO/1756/2020; Jennings Motors Ltd v SSE & New Forest DC [1982] JPL 181

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.