Broadway Farm Appeal

This appeal relates to an application for a Certificate of Lawfulness for an Existing Use or Development submitted to EBC on 25th April 2023 (ref. LDC/23/95111). The site relates to Broadway Farm which lies to the west of the village of Botley to the north of ‘Broad Oak’ (A334) which is the main route into the village from the west.

The application proposal was in respect of the following:

“Building operation by the laying of sub-base hardcore (type one crushed concrete) with concrete based cellular ‘grasscrete’ as illustrated on Plans 1 and 2 attached, together with the parking of motorised vehicles to include heavy vehicles and trailers in accordance with an Operator’s Licence dated 28th June 2010, and subsequent renewals which remains ongoing and evidenced in Affidavits.

The application was refused by the Council’s Head of Legal Services on the 29th August 2023 for the following reasons:

  1. The Council is not satisfied that the use described in the First Schedule at the land described in the Second Schedule is lawful due to insufficient evidence that the land has been used for the parking of motorised vehicles, including heavy vehicles and trailers, for a period in excess of 10 years as of 24th April 2023 being the date of this application.
  2. The Council considers that the subsequent building operation of the laying of Tarmacadam at the land described in the Second Schedule constitutes new engineering works which have commenced a new chapter in the planning history for the application site. As such, the Council cannot issue a Certificate for the engineering works described in the First Schedule.

The appeal was submitted to the Planning Inspectorate by the appellant on 13th October 2023 against the Council’s refusal to grant the certificate of lawfulness

The appeal will be in the form of a public inquiry to be held at EBC offices at 10am on 12th March for up to 4 days and will take place in rooms 16 and 17.

The appeal will be a public meeting and members of the public and interested parties are encouraged to register their attendance in order to provide appropriate seating and facilities at Eastleigh House. Should any third party wish to speak at the Inquiry please contact the Council prior to the meeting. Contact via email or call 02380 683872.

Core documents List Land at Broadway Farm Appeal

Closing Statements for the Broadway Farm Appeal

Closing statements for the appeal will be heard by the Inspector remotely via a Microsoft Teams meeting on Wednesday 3rd April 2024 at 2.00pm.

Anyone wishing to attend the closing submissions can do so via the via a Microsoft Teams meeting but are requested to join the meeting by 1.50pm that day.