®Planning appeal decision
Land and Buildings at Ngr 289445 98605, Winscott Barton, Newton St Cyres, Devon, EX5 5AL
Planning appeal 3264420 at Land and Buildings at Ngr 289445 98605, Winscott Barton, Newton St Cyres, Devon, EX5 5AL (Mid Devon District Council) was allowed on 4 August 2021 by Inspector Symons G, by written representations. The main issue, as the Inspector framed it: whether the mixed use of agriculture with no more than two thirds of the floorspace of the buildings being used for commercial storage of animal feedstuffs (B8) has, on the balance of probability, subsisted for a substantially uninterrupted basis for at least ten years by the date of the LDC application.
described as: “The planning unit comprises the Property used for agricultural purposes. The Property consists of approximately 489 acres and is principally used for arable. There are also a number of buildings on the Property which are used for a variety of agricultural uses such as the storage of agricultural equipment and machinery, use as a workshop, and the storage of fertiliser, straw and grain. Please refer to the supporting Opinion, Statutory Declaration and maps for further details
- Authority
- Mid Devon District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- agricultural · Major general industry/storage/warehousing
- Inspector
- Symons G
- Postcode
- EX5 5AL
Main issues, as the Inspector framed them
- whether the mixed use of agriculture with no more than two thirds of the floorspace of the buildings being used for commercial storage of animal feedstuffs (B8) has, on the balance of probability, subsisted for a substantially uninterrupted basis for at least ten years by the date of the LDC application
What decided it
The statutory declarations from the appellant and CMC staff, corroborated by accountant-confirmed financial records showing storage income from at least 1 April 2008, established on the balance of probability that the mixed use had subsisted for at least ten years by the material date, making the use lawful under section 191(2)(a) of the 1990 Act.
The decision letter
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With an account
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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.