- Decision
- dismissed, 3 September 2026
- Decided by
- Planning Inspector: B Phillips
- Authority
- Test Valley (South East)
- Appeal reference
- 6008234
- Application reference
- 25/02952/FULLS
- Procedure
- written representations
- Development
- Existing annexe to become a separate dwelling
- Homes
- 1
- Site context
- inside settlement
- Green Belt
- No
- Framework applied
- August 2026 NPPF
- Determinative policies
- s38(6), DP3
- Development plan policies
- Test Valley Revised Local Plan 2016 E1, E4, T2, Residential Areas of Special Character SPD 2019
- Main issues
- character and appearance; parking and access
Summary
An appeal to make an annexe into a separate dwelling in a Chilworth Residential Area of Special Character was dismissed. A separate dwelling so close to the main house would erode the area's spacious character (DL ¶8). The case was decided plan-led: "I give substantial weight to this conflict" (DL ¶20). The single extra home got limited weight (DL ¶18).
What made the difference
The site's spacious local designation. Although the site is inside a settlement, the inspector did not run an S4 "substantially outweighed" balance: the letter is a straight s38(6) decision.
Policy findings
Policy codes are those of the National Planning Policy Framework (August 2026) unless a development plan is named.
| Policy | Finding | Weight | Note |
|---|---|---|---|
| DP3 | harm | substantial | independent dwelling tight beside the main house at odds with the spacious RASC character; substantial weight to the development-plan conflict (DL 5-10, 20) |
| HO7 | benefit | limited | one extra home, limited weight (DL 18) |
Key facts
- Annexe very close to the side of the main house in a Residential Area of Special Character with 0.54 ha average plots (DL 6-8)
- Parties consulted on the Aug 2026 Framework (DL 3); decided s38(6) plan-led, with no S4 presumption balance run
- SPA recreational mitigation and nitrate credits unsecured; not pursued because the appeal failed on other grounds (DL 17)
Sources
This note is one of the decisions behind the NPPF 2026 Navigator, which shows how each Framework test has been applied across all the decisions in the database. Also available as Markdown.