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Split Decision15 August 20223268326

Gerston Point, West Alvington, Kingsbridge, TQ7 3BA

Planning appeal 3268326 at Gerston Point, West Alvington, Kingsbridge, TQ7 3BA (South Hams District Council) was allowed in part (a split decision) on 15 August 2022 by Inspector Harwood A, following an inquiry. The main issue, as the Inspector framed it: The effect of the development upon the character and appearance of the countryside having particular regard to the natural beauty of South Devon Area of Outstanding Natural Beauty (AONB).

without planning permission, the material change of use of the land from use for agriculture to garden domestic use together with associated engineering works for installation of a skate bowl, tennis court, carport and storage building for domestic use

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Harwood A
Postcode
TQ7 3BA

Main issues, as the Inspector framed them

  • The effect of the development upon the character and appearance of the countryside having particular regard to the natural beauty of South Devon Area of Outstanding Natural Beauty (AONB).

What decided it

With planning conditions removing the solar panels, re-colouring the roof and securing landscaping and restricted permitted development rights, the development would not cause harm to the character and appearance of the AONB and would accord with the development plan as a whole.

the limited adverse landscape impact of the outbuilding's roof, once mitigated by conditions, and the very limited weight given to the solar panels' renewable energy benefit and unquantified loss of agricultural land, did not outweigh the conclusion that the development would comply with the development plan as a whole

What the Inspector cited

Development plan policies
Policy DEV25Policy DEV24Policy DEV23
National Planning Policy Framework
Paragraph 55Paragraph 56Paragraph 54Paragraph 57
Judgments
William Newland v SOS and Waverley Borough Council [2008] EWHC 3132 (Admin); Regina (Hampshire County Council) v SOS Environment, Food and Rural Affairs, 2021

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 applied

The decision letter

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More decisions in South Hams

The authority’s record since 2016 · every decision in 2022

  1. Allowed23 September 20266004446
    Land at Rutt Lane Sx 647 562, Ivybridge, PL21 0ZB
  2. Notice upheld20 August 20263355071
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  3. Notice upheld20 August 20263355070
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  4. Notice upheld14 August 20263352131
    6 Broomborough Drive, Totnes, TQ9 5LT
  5. Split Decision30 April 20263351249
    Murtwell House, Diptford, Totnes, TQ9 7NQ

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.