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Planning appeal decision

Notice varied and upheld11 December 20253368242

Lot 10b Comley Hill, Rowlands Castle, Hampshire, PO9 5ND

Planning appeal 3368242 at Lot 10b Comley Hill, Rowlands Castle, Hampshire, PO9 5ND (East Hampshire District Council) was allowed in part (a split decision) on 11 December 2025 by Inspector Howell M, following a hearing. The main issue, as the Inspector framed it: Whether there is an essential need for a temporary dwelling in the countryside to accommodate a worker, having regard to the functional need and viability of the rural enterprise.

within the last 10 years and without planning permission, the material change of use of the land to a mixed use of equestrian and residential, including the erection of a wooden building used as a dwelling

Authority
East Hampshire District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
agricultural · Change of use
Inspector
Howell M
Postcode
PO9 5ND

Main issues, as the Inspector framed them

  • Whether there is an essential need for a temporary dwelling in the countryside to accommodate a worker, having regard to the functional need and viability of the rural enterprise.
  • Whether the site is suitable for a temporary rural enterprise dwelling, with regard to its location within Flood Zones 2 and 3.
  • Whether the development provides adequate accommodation for its occupants, with specific regard to the size of the building as well as light and outlook.
  • The effect of the development on ecology and biodiversity.
  • Whether or not the site is suitable for a temporary rural enterprise dwelling, having regard to its location within a contaminated land buffer zone.

What decided it

The appellant failed to demonstrate an essential functional and financial need for a rural worker's dwelling and failed to demonstrate the development was safe from flood risk, which together with inadequate living conditions outweighed the limited benefits of the scheme.

the significant harm from conflict with the development plan policies (essential need, flood risk, and living conditions) outweighed the limited benefits to housing supply and the rural economy

What the Inspector cited

Development plan policies
Policy CP1Policy CP2Policy CP6Policy CP14Policy CP19Policy CP25Policy CP27Policy CP29Saved Policy H14
National Planning Policy Framework
Paragraph 84Paragraph 88Paragraph 130Paragraph 175Paragraph 181Paragraph 193Paragraph 196

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.

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The decision letter

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More decisions in East Hampshire District Council

The authority’s record since 2016 · every decision in 2025

  1. Invalid29 July 20263348750
    8 Downhouse Road, Waterlooville, PO8 0TX
  2. Dismissed17 June 20266005417
    Land to the South of Kingsley Tennis Centre, Forge Road, Bordon, GU35 9NG
  3. Notice varied and upheld22 January 20263341619
    16B The Green, Rowland's Castle, PO9 6BN
  4. Quashed On Legal Grounds30 December 20253346355
    High Acres Willis Lane, Four Marks, Alton, GU34 5AP
  5. Notice varied and upheld23 October 20253369531
    Land Adjacent to Sohcahtoad, Hollywater Road, Bordon, Hampshire, GU35 0AE

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.