MONEY will be awarded to a developer after Winchester City Council demonstrated “unreasonable behaviour” in refusing changes to a housing scheme.

Government inspector Robert Parker overturned the council’s decision to deny alterations to Hazelwood 29 Downside Road, Winchester.

Applicant Richard Wickins of Shorewood Homes had appealed that decision and will now receive partial costs from the authority to cover the money he used to take the case to the Planning Inspectorate.

In July 2019 Shorewood Homes were given the green light to build three houses on the site, and Mr Wickins returned in September to alter conditions set by the council, but this was refused in November.

Mr Wickins wanted to alter the three-bedroom home to provide a detached single garage and internal reconfiguration to provide a ground floor study in a space which had been a garage.

But this sparked concern with the council who had previously imposed a condition which stopped “many of the ancillary uses that are commonly found within a modern family home – legitimate uses such as studies and playrooms are prohibited,” Mr Parker said.

“In seeking to restrict use of the garage to parking and ancillary storage, when there were no highway grounds to do so, the framing of the condition was unnecessarily restrictive.”

The council also feared that if a study was allowed it could be turned into a bedroom which would alter the “housing mix” of the site and that which is needed in the district, but Mr Parker wrote: “It is unnecessary to guard against every possible eventuality however remote,” adding: “The council’s overly cautious approach amounts to unreasonable behaviour.”

The council had also allowed for a study in another of the houses on the site and in other housing schemes.

The inspector granted permission for the internal changes and for the external garage but imposed that this must only be used for “parking and ancillary storage purposes and for no other use at any time”.

It is not known how much will be awarded in costs to Shorewood Homes by the council.

Mr Wickins said: “We always aim to obtain planning consent at local level. Despite our best efforts on this occasion it was not possible and therefore we had no option but to use the appeal mechanism.

“We are naturally pleased with the outcome but disappointed the matter couldn’t be resolved with officers and members.”

Winchester City Council were contacted for a comment but it did not respond.