Land to the North of Seymour Drive Dartmouth TQ6 9GE

Main issues, as the Inspector framed them

• Appeal A: Whether at the date of the application (23 January 2020) the period during which the Council could have taken enforcement action against a breach of planning control had ended.
• Appeal B: The effect that the development would have on the character and appearance of the area.
• Appeal B: The extent to which the development would respond to the challenge posed by climate change.
• Appeal B: Whether the development proposals would compensate for any loss of biodiversity arising from the site clearance.

What decided it

Appeal A: The appellant's failure to produce the approved landscape drawing MH232/323A and inability to demonstrate that the approved scheme was implemented, placing the burden of proof on the appellant which was not discharged. Appeal B: The conflicts with development plan policies DEV23, DEV32(3) and DEV26(5) were not outweighed by material considerations, as the Council could demonstrate a five-year housing supply.

The objective of significantly boosting housing supply attracted significant weight, but the Council's uncontested evidence of a five-year housing supply meant Framework paragraph 11(d) was not engaged and Framework paragraph 12 applied; material considerations did not therefore outweigh the identified conflicts with the development plan.