Gerston Point, West Alvington, KINGSBRIDGE, TQ7 3BA

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

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

Framework references: 55, 56, 54, 57

Plan policies cited: Policy DEV25, Policy DEV24, Policy DEV23

Judgments cited: William Newland v SOS and Waverley Borough Council [2008] EWHC 3132 (Admin); Regina (Hampshire County Council) v SOS Environment, Food and Rural Affairs, 2021

Read the decision letter on the Inspectorate’s site

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.

What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.

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Casework that chases the deadlines. Applications, appeals and conditions with their statutory dates.

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