Planning appeal decision
Rivermead, Spurlings Road, Fareham, PO17 6AA
Planning appeal 3372146 at Rivermead, Spurlings Road, Fareham, PO17 6AA (Fareham Borough Council) was dismissed on 16 July 2026 by Inspector Goldberg V, by written representations. The main issue, as the Inspector framed it: whether the LPA's decision to refuse the application for an LDC was well-founded, with particular regard to whether the proposal would be incidental to the enjoyment of the dwelling house.
outbuilding for use as 3 single bedrooms ancillary to the enjoyment of the main dwelling (HMO)
- Authority
- Fareham Borough Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- residential · Householder developments
- Inspector
- Goldberg V
- Postcode
- PO17 6AA
Main issues, as the Inspector framed them
- whether the LPA's decision to refuse the application for an LDC was well-founded, with particular regard to whether the proposal would be incidental to the enjoyment of the dwelling house
What decided it
The proposed use of the outbuilding for sleeping accommodation constitutes a normal residential function rather than a use incidental to the enjoyment of the dwellinghouse, and therefore falls outside the scope of permitted development rights under Schedule 2, Part 1, Class E of the GPDO 2015.
What the Inspector cited
- Judgments
- Rambridge v Secretary of State for the Environment [1997] JPL 171; Uttlesford DC v Secretary of State for the Environment [1992] JPL 171; Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142
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 appliedThe decision letter
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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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