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Planning appeal decision

Dismissed22 June 20223242773

Land to the East of Goldsmiths Lane, All Saints, Devon, EX13 7LU

Demolition of former cottage and construction of new dwelling

Authority
East Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Jordan A

Main issues, as the Inspector framed them

  • Whether the proposed development would amount to design of exceptional quality, that would represent an exception from the general presumption in national policy against isolated homes in the countryside, and/or whether it should be given significant weight as an outstanding or innovative design, which promotes high levels of sustainability
  • Whether the proposal would have a likely significant effect on the integrity of the River Axe Special Area of Conservation

What decided it

The proposal's innovative design failed to integrate appropriately with its wider setting and adjoining dwellings, meaning it could not benefit from the design exceptions in paragraphs 80/134 of the Framework and so conflicted with the countryside development policies, which was on its own determinative.

The Inspector found no basis for concluding that the design merits of the proposal would outweigh the general strategy of constraining new development within the countryside, and dismissed the appeal on that basis alone, with the SAC mitigation failure providing an additional, independent reason for refusal.

Framework references: 80, 134, 182

Plan policies cited: Strategy 1, Policy 7, Policy TC2

Judgments cited: Braintree District Council v Secretary of State for Communities and Local Government & Others [2017] EWHC 2743 (Admin); Bramshill v SSHCLG [2021] EWCA Civ 320

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.