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).
Section 02
Decision
The appeal is dismissed.
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.
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.
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