Appeal 3320508
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
the Variation of condition 2 (approved plans) - two additional shipping containers for storage and associated roof/wall amendments to suit on planning application P18/S1837/HH. (As amended by plans received 28 November 2022 to render the exterior of containers).
Section 02
Decision
The appeal is dismissed.
Section 03
Background and Procedural Matters
After reaching my initial conclusions on the appeal proposal, I notified and sought further comments from the appellant and the Council, and I have taken the responses I have received into account in reaching my final decision.
The appeal property is a large contemporary dwelling, which I understand from the information before me, originally obtained planning permission in 20161 and has been subject to a number of subsequent revisions thereafter2. 1 Planning Ref: P15/S3912/FUL 2 Including Planning Refs: P17/S2985/Ful; P18/S1092/FUL & P18/S3710/FUL Appeal Decision: APP/Q3115/D/23/3320508
A separate application3 was granted for the ‘Demolition of existing mono-pitched gymnasium, erection of replacement flat roof gymnasium to match the architectural style of the main house and garage building. Replacement front boundary treatment from close boarded timber fence to rendered blockwork with new vehicular gates.’
The appellant wishes to vary condition 2 attached to this permission under section 73 of the Town and Country Planning Act 1990, in order to enable the substitution of drawings, to allow for the siting and external cladding of two shipping containers, one adjacent to the gymnasium, and the other adjacent to an existing garage.
The Planning Practice Guidance4 (the PPG) advises that section 73 cannot be used to change the description of the development. Further, the Court of Appeal5, has established that an application under section 73 may not be used to obtain a permission that would require a variation to the terms of the “operative” part of the planning permission, that is the description of the development for which planning permission had been granted.
The appeal proposal would introduce development that was not considered under the original planning permission, that being the two containers. [name] were to allow the appeal, the description of the development, which I can not change, would inaccurately reflect what is proposed on the submitted plans. The development would therefore be outside of the scope of the description of the original planning permission and would result in a variation to the terms of the “operative” part of the original planning permission.
As a result, the appeal proposal would go beyond the parameters of what can be considered under section 73. In view of this conclusion, it is not necessary for me to consider the planning merits of the appeal proposal.
Section 04
Conclusion
For the above reasons, I conclude that the appeal should be dismissed.
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 4127No official casework-database value to compare
- Extracted decision date · page 1
- 16 August 2023Matches the official casework database
- Extracted site visit dates
- 8 June 2023 (page 1)
Reference and authority
Official identifiers and the planning authority recorded against this case.
- Case reference
- 3320508
- Application reference
- P22/S1193/HH
- Lead case reference
- Not recorded
- Planning authority
- South Oxfordshire District Council
- Planning authority code
- E07000179
Casework details
The casework, procedure, development and linking details supplied by the official record.
- Casework type
- Householder (HAS)
- Procedure
- Written Representations
- Development type
- Householder developments
- Appeal type reason
- 2. Refused permission to vary or remove a condition(s)
- Appeal reason
- Appeal Against Conditions
- Type detail
- Planning Appeals - Other
- 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
- 42 m²
- 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
- Dismissed
- Decision category
- Dismissed
- Received date
- 17 April 2023
- Valid date
- 26 April 2023
- Start date
- 18 May 2023
- Planning authority decision date
- 13 February 2023
- Appeal decision date
- 16 August 2023
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
- No
- 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
- 37255
- First seen
- 20 August 2026 at 14:24
- Last seen
- 20 August 2026 at 16:27
- Removed from release
- Not recorded
- Record created
- 20 August 2026 at 14:24
- Record updated
- 24 August 2026 at 16:21