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Official casework recordDismissedCurrent release

Appeal 6000401

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

5 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

[name] 3 Notification - Conversion of part ground floor commercial unit (Class E) to form eight dwellings (Class C3) (Conservation Area).

  1. Section 02

    Decision

    The appeal is dismissed.

  2. Section 03

    Background and Main Issue

    This appeal relates solely to condition 1 of the prior approval granted by the Council under Schedule 2, Part 3, Class MA of the Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO). The condition requires written approval from a Competent Authority confirming that the proposed change of use will not adversely affect the integrity of a European designated site, in accordance with Regulations 75 to 78 of the Conservation of Habitats and Species Regulations 2017 (the Habitats Regulations).

    The appellant contends that the condition fails to meet the six tests for planning conditions set out in the Planning Practice Guidance, arguing that it is unnecessary, imprecise and unreasonable.

    Having regard to this background, the main issue is whether condition 1 is reasonable and necessary having regard to the Habitats Regulations and the nature of the proposed development.

  3. Section 04

    Reasons

    The site lies in proximity to European-designated sites including the Solent & Southampton Water Special Protection Area (SPA) and the [name], Ramsar Site and Site of Special Scientific Interest. Natural England has advised that residential development in this location is likely to have a significant effect on these sites, particularly through recreational disturbance and nutrient loading.

    Regulations 75 and 77 of the Habitats Regulations together require that, where a development is likely to have a significant effect on a European site and is not directly connected with or necessary to its management, the developer must obtain approval from the Local Planning Authority as the Competent Authority before commencing development. This legal requirement applies irrespective of whether the development is permitted under the GPDO.

    The disputed condition reflects this statutory requirement and ensures that the development cannot proceed until the necessary mitigation is secured and the Authority is satisfied that the integrity of the European sites will not be adversely affected. As such, the condition is necessary, reasonable, relevant to planning and the development permitted, enforceable and precise.

    The appellant’s argument that the development may proceed “at risk” does not override the statutory obligation under the Habitats Regulations. The Council’s inclusion of the condition is not discretionary but required to ensure compliance with national legislation.

  4. Section 05

    Conclusion

    For the reasons given above, I conclude that condition 1 is reasonable and necessary to ensure compliance with the Habitats Regulations. Accordingly, 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 4657No official casework-database value to compare
    Extracted decision date · page 1
    17 November 2025Matches the official casework database
    Extracted site visit dates
    5 November 2025 (page 1)

Reference and authority

Official identifiers and the planning authority recorded against this case.

Case reference
6000401
Application reference
25/00163/MAGDO
Lead case reference
Not recorded
Planning authority
Gosport Borough Council
Planning authority code
E07000088

Casework details

The casework, procedure, development and linking details supplied by the official record.

Casework type
Planning Appeal
Procedure
Written Representations
Development type
Minor Dwellings
Appeal type reason
Not recorded
Appeal reason
granted
Type detail
Planning Appeals - Full
Jurisdiction
No Jurisdiction Associated
Link status
Not recorded

Site and development

Published appeal-site measurements and planning designations, without the withheld precise location fields.

Site area
0 hectares
Floor space
1,000 m²
Number of residences
8
Site in Green Belt
No
Agricultural holding
No
Affects setting of a listed building
Yes
Historic building grant made
Not recorded
Relates to a conservation area
Not recorded
Flooding is an issue
Not recorded
Site within an AONB
No
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
14 July 2025
Valid date
28 July 2025
Start date
29 July 2025
Planning authority decision date
14 July 2025
Appeal decision date
17 November 2025

Case administration

Published recovery, call-in, costs and enforcement information for this case.

Redetermined
Not recorded
Bespoke
Not recorded
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
Back Office-s78
Dataset status
Current release
Catalogue record ID
79828
First seen
20 August 2026 at 14:25
Last seen
20 August 2026 at 16:29
Removed from release
Not recorded
Record created
20 August 2026 at 14:25
Record updated
20 August 2026 at 16:29