Goldcombe Farmhouse, Road From Gittisham Cross to Beach Walk Cross, Honiton, EX14 3AB

Planning appeal 3267313 at Goldcombe Farmhouse, Road From Gittisham Cross to Beach Walk Cross, Honiton, EX14 3AB (East Devon District Council) was dismissed on 25 June 2021 by Inspector Wyborn D, by written representations. The main issue, as the Inspector framed it: Whether the appeal to remove the condition restricting occupation of the holiday dwellings is within the scope of section 73 of the Town and Country Planning Act 1990, having regard to the Finney v Welsh Ministers judgement.

Conversion of existing buildings to holiday dwellings (application for removal of Condition 5 of planning permission 84/P0792 to allow year round occupancy and variation of Condition 6 to allow the Cider Barn to be used as an unrestricted residential dwelling)

Authority: East Devon District Council
Appeal type: minor · Planning Appeal
Procedure: Written Representations
Development: residential · Other minor developments
Inspector: Wyborn D
Postcode: EX14 3AB

Main issues, as the Inspector framed them

Whether the appeal to remove the condition restricting occupation of the holiday dwellings is within the scope of section 73 of the Town and Country Planning Act 1990, having regard to the Finney v Welsh Ministers judgement

What decided it

The removal of the condition to allow unrestricted residential use would conflict with the operative part of the original planning permission (the description of the development as 'holiday dwellings') and therefore falls outside the scope of section 73 applications as established by the Finney judgement.

What the Inspector cited

Development plan policies: Strategy 7 of the East Devon Local Plan 2013-2031
Judgments: Finney v Welsh Ministers & Others [2019] EWCA Civ 1868

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.

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The decision letter

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8 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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More decisions in East Devon

The authority’s record since 2016 · every decision in 2021

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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.