Appeal 3274965
Public case and site metadata stored from the official casework database, including fields that were empty in the source release.
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Official decision document
The decision, section by section
4 sections
Read the development description and the Inspector’s text from the official decision PDF in source order. Source headings are retained where available. Personal and contact details are removed by an automated privacy filter; this is source material, not Rules for You analysis.
Section 01
Development description
described as ([name]) C3 use to Dual use C3 Residential / C4 (4 Bed) [name].
Section 02
Decision
The appeal is allowed and the planning permission Ref 20/02790/FUL for ([name]) C3 use to Dual use C3 Residential / C4 (4 Bed) [name] at [site address] , Winchester [postcode] granted on 1 April 2021 by Winchester City Council, is varied by deleting condition 3.
Section 03
Main Issue
The main issue is the effect on the living conditions of neighbouring residents.
Section 04
Reasons
An Article 4 Direction has removed permitted development rights for the change of use from C3 to C4 uses in the area. Policy WIN9 of the Winchester District Local Plan Part 2 2017 sets out that the Article 4 Direction is intended to retain a balanced housing stock. Various technical criteria seek to avoid an over concentration of Houses in [name] (HMOs) or sandwiching dwellings between HMOs. These criteria are not breached.
There is nothing in Policy WIN9 about effects on the living conditions of neighbouring residents that may arise from any individual change of use, but due to the Article 4 direction, planning permission is required. There is no reason before me that other matters relating to the effects of development cannot be considered.
In granting permission, it has been accepted that 4 occupants of the HMO would not result in harmful living conditions to the occupiers of neighbouring dwellings. For 6 occupants, the plans indicate that there would be more bedrooms alongside the adjoining walls of neighbouring dwellings. However, both schemes would include a bedroom and communal space along the neighbours’ wall. There is no substantive evidence that more bedrooms would cause significant additional noise and disturbance, why the line should be drawn at 4, or why adjoining bedrooms might be acceptable for the neighbouring first floor flat but not the ground floor one. The removal of the condition would not result in an unrestricted HMO, as the total number of occupants would still be controlled by the definition of the C4 use.
I note the concerns of local residents that there could be greater demand for on street parking which I observed was clearly stretched already. However, the Council’s officer report indicates that dwellings and HMOs have the same parking requirement and, therefore, there is no clear reason to limit the number of occupants on this ground.
For the reasons given, it has not been demonstrated that the condition is necessary to protect the living conditions of neighbouring residents. Therefore, the appeal is allowed.
Planning inspector and document dates
The official casework attribution is grouped under a one-way keyed hash and shown only by its local identifier. Decision-letter dates and page references are extracted by fixed first-page rules and checked against that authoritative record.
Appeal Decision
- Extracted inspector · page 1
- Inspector attribution ID 696No official casework-database value to compare
- Extracted decision date · page 1
- 26 November 2021Matches the official casework database
- Extracted site visit dates
- 3 November 2021 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3274965
- Application reference
- 20/02790/FUL
- Lead case reference
- Not recorded
- Planning authority
- Winchester City Council
- Planning authority code
- E07000094
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Planning Appeal
- Procedure
- Written Representations
- Development type
- Other minor developments
- Appeal type reason
- 4. Grant planning permission for the development subject to conditions to which you object
- Appeal reason
- Appeal Against Conditions
- Type detail
- Planning Appeals - Full
- Jurisdiction
- Transferred
- Link status
- Not Linked
Site and development
Published appeal-site measurements and planning designations, without the withheld precise location fields.
- Site area
- Not recorded
- Floor space
- Not recorded
- Number of residences
- 0
- Site in Green Belt
- No
- Agricultural holding
- No
- Affects setting of a listed building
- Not recorded
- Historic building grant made
- Not recorded
- Relates to a conservation area
- Not recorded
- Flooding is an issue
- Not recorded
- Site within an AONB
- Not recorded
- Site within an SSSI
- Not recorded
Decision and dates
The published outcome and every imported case date.
- Official decision
- Allowed
- Decision category
- Allowed
- Received date
- 13 May 2021
- Valid date
- 21 May 2021
- Start date
- 31 August 2021
- Planning authority decision date
- 1 April 2021
- Appeal decision date
- 26 November 2021
Case administration
Published recovery, call-in, costs and enforcement information for this case.
- Redetermined
- No
- Bespoke
- No
- Date recovered
- Not recorded
- Date not recovered or derecovered
- Not recorded
- Call-in date
- Not recorded
- Costs applied for
- Not recorded
- Enforcement grounds count
- Not recorded
- Enforcement grounds
- Not recorded
Source and catalogue history
When this record appeared in the rolling official release and when the catalogue stored it.
- Source
- Planning Inspectorate casework database
- Source data system
- Horizon
- Dataset status
- Current release
- Catalogue record ID
- 6646
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:25
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21