Planning appeal decision
Land to the Rear of Barton Close, Cheriton Fitzpaine
Planning appeal 3262395 at Land to the Rear of Barton Close, Cheriton Fitzpaine (Mid Devon District Council) was dismissed on 16 September 2021 by Inspector Scriven M, by written representations. The main issue, as the Inspector framed it: Whether the appeal site is a suitable location for the proposed development, having particular regard to local housing policy.
the erection of 12 dwellings (50% affordable)
- Authority
- Mid Devon District Council
- Appeal type
- major · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Major dwellings
- Inspector
- Scriven M
Main issues, as the Inspector framed them
- Whether the appeal site is a suitable location for the proposed development, having particular regard to local housing policy
- The effect of the proposal on the character or appearance of the surrounding area, with particular regard to the setting of the adjacent Cheriton Fitzpaine Conservation Area
- The effect of the proposed development on the setting of listed buildings, specifically the Grade II* listed Poole Barton and the Grade I listed Parish Church of St Matthew
- Whether the proposal would represent an acceptable form of development having regard to its flood zone location and the provisions of the National Planning Policy Framework
- Whether the proposal would make adequate provision for any additional need for infrastructure, services and facilities arising from the development
What decided it
The proposal conflicts with the development plan on multiple grounds—unsuitability of location outside the settlement boundary, significant harm to heritage assets, failure to demonstrate a Sequential Test for flood risk, and absence of planning obligations—and these harms are not outweighed by the identified benefits.
The identified harm to the conservation area and listed buildings, together with the location and flood risk concerns, was not outweighed by the public benefits of additional housing and economic activity, particularly given the absence of a planning obligation to secure affordable housing and other necessary mitigation.
What the Inspector cited
- Development plan policies
- Policy S14Policy DM6Policy S1Policy S9Policy DM25Policy DM1Policy S3Policy S5Policy S8
- National Planning Policy Framework
- Paragraph 199Paragraph 159Paragraph 57
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 Mid Devon
The authority’s record since 2016 · every decision in 2021
- Allowed14 April 2026600116029 Honiton Road, Cullompton, Devon, EX15 1PA
- Split Decision28 November 20253365184South Fork, Land at Ngr 310236 115114, Culmstock, Devon, EX15 3HW
- Dismissed25 September 20253366163Land At Grid Reference 271119 108922, Road From Nymet Bridge Cross To Eggesford Cross, Nymet Rowland , Devon, EX17 6QX
- Allowed24 June 20253358001Tidcombe Hall, Tidcombe Lane, Tiverton, EX16 4EJ
- Allowed17 June 20253360104Strathculm Road, Hele, Exeter, Devon, EX5 4PN
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.
®