®Planning appeal decision
Land to the East of Goldsmiths Lane, All Saints, Devon, EX13 7LU
Planning appeal 3242773 at Land to the East of Goldsmiths Lane, All Saints, Devon, EX13 7LU (East Devon District Council) was dismissed on 22 June 2022 by Inspector Jordan A, following a hearing. The main issue, as the Inspector framed it: 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.
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
- Postcode
- EX13 7LU
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.
What the Inspector cited
- Development plan policies
- Strategy 1Policy 7Policy TC2
- National Planning Policy Framework
- Paragraph 80Paragraph 134Paragraph 182
- Judgments
- Braintree District Council v Secretary of State for Communities and Local Government & Others [2017] EWHC 2743 (Admin); Bramshill v SSHCLG [2021] EWCA Civ 320
How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
More decisions in East Devon
The authority’s record since 2016 · every decision in 2022
- Allowed19 October 202660076221 Jennings Gardens, Tithebarn, Exeter, EX1 4BL
- Dismissed7 October 20266003095Land at Newlands Farm, Land North West of B3165, Axminster, EX13 5SF
- Dismissed13 August 20263369854Land Just South of Hazlehurst, Raymonds Hill, Axminster, Devon, EX13 5UH
- Allowed10 July 20266005764Land North East of Parkfield Cottages, Pink House Corner, Lympstone, EX8 5AH
- Allowed10 July 2026600469610 Marine Parade, Budleigh Salterton, EX9 6NS
The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.