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Planning appeal decision

Notice varied and upheld23 April 20263371500

Land at Quin Hay Fram, Petersfield Road, Froxfield, Petersfield , GU32 1BZ

Planning appeal 3371500 at Land at Quin Hay Fram, Petersfield Road, Froxfield, Petersfield , GU32 1BZ (South Downs) was allowed in part (a split decision) on 23 April 2026 by Inspector Fagan N, following an inquiry. The main issue, as the Inspector framed it: As usual in LDC appeals, the main issue is whether the Council's decision to refuse a LDC was well-founded.

failure to comply with a condition imposed on planning permission ref SDNP/17/003617/FUL granted on 15 September 2017

Authority
South Downs
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
employment-industrial · Minor general industry/storage/warehousing
Inspector
Fagan N
Postcode
GU32 1BZ

Main issues, as the Inspector framed them

  • As usual in LDC appeals, the main issue is whether the Council's decision to refuse a LDC was well-founded
  • Ground (c) - whether the matters alleged in the notice constitute a breach of planning control
  • Ground (d) - whether, at the date the notice was issued, no enforcement action could be taken in respect of the breach
  • Ground (f) - whether the steps required by the notice exceed what is required to remedy the breach
  • Ground (g) - whether the compliance period specified falls short of what should reasonably be allowed

What decided it

The Inspector's finding that the Just Tankers operation constituted a materially different and unauthorised use from the lawful classic car use, breaching Condition 3 and undermining the claimed 10-year lawful use.

The Inspector balanced Just Tankers' need for time to find an alternative site against the harm its operation caused to neighbours' living conditions, the local road network and the tranquillity of the National Park, concluding the harms outweighed the case for a longer compliance period and that 6 months should stand.

What the Inspector cited

Judgments
Trump International Golf Club v Scottish Ministers [2015] UKSC 74, [2016] WLR 85

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 applied

The decision letter

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More decisions in South Downs

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

  1. Notice upheld9 February 20263346595
    Moodys Meadow, Petersfield Road, Bramdean, Hampshire, SO24 0JX
  2. Notice upheld28 January 20263333602
    Willow Spring Farm, Northchapel, Petworth, GU28 9EN
  3. Notice varied and upheld28 January 20263331030
    Land at Hucksholt Farm, Compton, Chichester, West Sussex, PO18 9NS
  4. Notice varied and upheld21 January 20263355722
    Lythe Lane, Petersfield, Hampshire, GU32 1AT
  5. Planning permission granted22 December 20253329847
    Land to the West of Parsonage Barn, Oxenbourne Lane, East Meon, Petersfield, GU32 1EW

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.