# Landfall Annexe, Chilworth Road, Chilworth (annexe to separate dwelling)

- **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
- **Tags:** tier-2, plan-led, character-harm, parties-consulted-on-2026-framework, small-scheme

## 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
- **DP3: harm (substantial weight).** 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 weight).** 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
- https://appeal-planning-decision.service.gov.uk/comment-planning-appeal/appeals/6008234
- https://appeal-planning-decision.service.gov.uk/published-document/7bf9a03f-8f8c-441c-b1dd-76c053b8f07e

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Source: https://planningdistilled.org/research/england/nppf-navigator/decisions/PINS-6008234.html

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