Conversion of garage to family visitors room (Retrospective Application)

1. The converted garage, due to its separate position from the main house, combined with the facilities provided, fails to demonstrate any dependency on the host dwelling, thereby creating an independent dwelling within the countryside. The proposal is therefore contrary to Policy S5 and DM26 of the Eastleigh Borough Local Plan (2016-2036), Quality Places SPD (2011), and the contents of the National Planning Policy Framework (2023).
2. Due to its inadequate size and poor layout, the development fails to meet the minimum Nationally Described Space Standards and is therefore contrary to the requirements of Policy DM30 of the Eastleigh Borough Local Plan (2016-2036).
3. The application fails to provide the required mitigation to offset the impacts of the development upon the European protected Solent Complex (SPA, SAC and Ramsar sites), and New Forest National Park (SPA, SAC and Ramsar sites) from additional recreational pressure and nitrogen loading generated by the population increase and additional sewage resulting from the development. The proposal is therefore contrary to the requirements of Policies DM1, DM10 and DM11 of the Eastleigh Borough Local Plan 2016-2036, the provisions of the NPPF (2023) and the Conservation of Habitats and Species Regulations 2017.
4. Note to Applicant: The application was refused following the assessment of the following plans: Plans 01, Plans 02, Location Plan and Block Plan. In accordance with paragraph 38 of the National Planning Policy Framework (December 2023), Eastleigh Borough Council takes a positive approach to the handling of development proposals so as to achieve, whenever possible, a positive outcome and to ensure all proposals are dealt with in a timely manner.
5. Note to Applicant: Following the recent refusal of retrospective planning permission, the case will be passed to the Planning Enforcement team for investigation, UNLESS the decision is appealed to the Secretary of State under section 78 of the Town and Country Planning Act 1990. You will be contacted by the Planning Enforcement team to discuss the options available. Please note an Enforcement Notice may be served and depending upon the nature of development, the Notice will state what you are required to do. This may include the demolition of a structure, reduction in size so that it meets the Town and Country Planning (General Permitted Development) Order 2015 or to cease activity of the unauthorised use. Please note; should you wish to appeal the refusal you must do so to the Planning Inspectorate as outlined in the accompanying notes. To appeal a refusal for a householder application this must be done within 12 weeks from the date of refusal and 6 months for non-householder planning applications. If you intend to appeal the Council’s decision please email Planning Enforcement as soon as possible to avoid formal action: enforcements@eastleigh.gov.uk

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