Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Allowed11 November 20213272335

Land at Barton Cross , Instow , Devon , EX39 4JO

Planning appeal 3272335 at Land at Barton Cross , Instow , Devon , EX39 4JO (North Devon District Council) was allowed on 11 November 2021 by Inspector O'Connor H, by written representations. The main issue, as the Inspector framed it: the effect of the proposal on the character and appearance of the area having particular regard to the setting of the Grade I listed Church of St John the Baptist.

Erection of 5 dwellings, access, open space and associated works

Authority
North Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Connor H
Postcode
EX39 4JQ

Main issues, as the Inspector framed them

  • the effect of the proposal on the character and appearance of the area having particular regard to the setting of the Grade I listed Church of St John the Baptist
  • the effect of the proposal on the Braunton Burrows Special Area of Conservation (SAC)

What decided it

The public benefits of housing delivery and consistency with the spatial strategy for Instow, combined with effective mitigation of heritage and ecological impacts, outweighed the less than substantial harm to the setting of the listed Church.

the less than substantial harm to the setting of the Grade I listed Church was outweighed by the public benefits of providing five dwellings in accordance with the spatial strategy, contributing to housing supply, and delivering biodiversity gains and economic benefits

What the Inspector cited

Development plan policies
Policy INS01Policy ST15Policy DM07Policy DM04Policy ST14Policy DM08Policy DM10Policy ST23
National Planning Policy Framework
Paragraph 202Paragraph 111Paragraph 130Paragraph 56Paragraph 54
Judgments
People over Wind and Sweetman v Coillte Teoranta ECLI:EU:C:2018:244

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

Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.

Appeals plan, £15 a month

With an account

What an account adds to this decision

17 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
An appeal decision in the app, with the main issues, policies and judgments cited picked out beside the letter
Every letter, there to read. We pick out the main issues, the policies and the judgments cited, so you can work through the letter faster.
Searching the full text of appeal decision letters in the app
Search inside every letter. By words or by meaning, filtered by authority, outcome, appeal type and procedure, with every locatable decision on the map and the Inspector named on each.
Start your free trial

More decisions in North Devon

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

  1. Allowed18 June 20266006157
    Horseshoe Lodge, Burrington, Umberleigh, EX37 9LH
  2. Dismissed26 June 20253362950
    35a The Brittons, Braunton, Devon, EX33 2HF
  3. Dismissed17 June 20253363071
    Plot Adjacent 77-78 , Westaway Heights, Barnstaple, EX31 1NR
  4. Allowed1 October 20243343651
    Higher Mullacott, Road From St Brannocks Road to Mullacott Cross Roundabout, Ilfracombe, Devon, EX34 8NA
  5. Dismissed23 September 20243331613
    Meadow Park , Roundswell , EX31 3QX

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.