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Planning appeal decision

Notice upheld12 October 20213272376

Bungalow, 1 Stoneleigh Country Holidays, Weston, Sidmouth, East Devon, EX10 0PJ

Planning appeal 3272376 at Bungalow, 1 Stoneleigh Country Holidays, Weston, Sidmouth, East Devon, EX10 0PJ (East Devon District Council) was dismissed on 12 October 2021 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether condition 3 is necessary having regard to the site's location.

Permanent residential use of holiday accommodation (Bungalow 1) without compliance with condition 3 restricting occupation to four successive weeks per year

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Curnow R
Postcode
EX10 0PJ

Main issues, as the Inspector framed them

  • Whether condition 3 is necessary having regard to the site's location
  • Whether condition 3 is necessary having regard to the living conditions of future occupants by reasons of the size of the building, its storage space and private amenity space
  • Whether condition 3 is necessary having regard to the character and appearance of the area

What decided it

The appellant failed to demonstrate that appropriate circumstances exist to justify permanent residential use in the open countryside where such development is not normally permitted, and the proposed transfer of the manager's accommodation restriction from Bungalow 35 could not be secured without a planning obligation which was not provided.

The economic benefits to tourism and the successful running of the site were outweighed by the breach of the development plan's countryside protection policy, the lack of adequate private amenity space for permanent occupation, and the inability to secure the proposed transfer of restrictions.

What the Inspector cited

Development plan policies
Strategy 7Strategies 3Strategies 4Strategies 28Strategies 30Strategies 37Policy E5Policy E17Policy D1
National Planning Policy Framework
Paragraph 82

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.

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The decision letter

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

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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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