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Planning appeal decision

Allowed4 August 20213264420

Land and Buildings at NGR 289445 98605, Winscott Barton, Newton St Cyres, Devon, EX5 5AL

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

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 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.