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Dismissed28 June 20213270453

Tavyside Models, 11a Mount Tavy Road, Tavistock, Devon, PL19 9JB

Planning appeal 3270453 at Tavyside Models, 11a Mount Tavy Road, Tavistock, Devon, PL19 9JB (West Devon Borough Council) was dismissed on 28 June 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the appellant has proved on the balance of probability that the site was used as a shop for at least 10 years and that this use had not been lost at the time of application.

The outbuilding known as Tayside [sic] models was, to our knowledge, erected over 40 years ago and has been used as a model railway retail shop, A1 classification

Authority
West Devon Borough Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
retail · Change of use
Inspector
Curnow R
Postcode
PL19 9JB

Main issues, as the Inspector framed them

  • Whether the appellant has proved on the balance of probability that the site was used as a shop for at least 10 years and that this use had not been lost at the time of application

What decided it

The appellant failed to prove on the balance of probability that the retail use was carried on continuously for 10 years, as required by section 191(1)(a) of the Town and Country Planning Act 1990.

The decision letter

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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.

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