®Planning appeal decision
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
The Inspector's conclusion that, subject to conditions removing the solar panels, re-colouring the roof and controlling landscaping and permitted development rights, the development would not cause harmful effect on the character and appearance of the AONB.
The limited landscape and visual harm caused by the outbuilding, once mitigated by planning conditions, did not outweigh the acceptability of the change of use, and other matters (limited benefit of solar panels, unquantified loss of agricultural land) did not alter the conclusion that the development complied with the development plan as a whole.
Framework references: 54, 55, 56, 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
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.