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Planning appeal decision

Notice varied and upheld5 July 20213272700

Ludwells Barn, Wrantage, Taunton, TA3 6DQ

Planning appeal 3272700 at Ludwells Barn, Wrantage, Taunton, TA3 6DQ (Somerset West and Taunton *) was allowed in part (a split decision) on 5 July 2021 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: whether the disputed condition is appropriate with regard to the location of the appeal site and the proximity of services in the context of current local and national policy.

the use of a building on the land (shown edged green on the plan attached to the notice) as permanent residential accommodation in breach of Condition 03 of planning permission reference 24/00/0020 which states “The occupation of the building shall be restricted to bona fide holiday makers for individual periods not exceeding four weeks in total in any period of 12 weeks. A register of holiday makers shall be kept and made available for inspection by an authorised officer of the Council at all reasonable times

Authority
Somerset West and Taunton *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
leisure-sport · Change of use
Inspector
Jarratt P
Postcode
TA3 6DQ

Main issues, as the Inspector framed them

  • whether the disputed condition is appropriate with regard to the location of the appeal site and the proximity of services in the context of current local and national policy

What decided it

The site's isolated location remote from services, with residents reliant on private vehicles, made permanent residential use contrary to development plan policies and the Framework's approach to countryside residential development.

the need to maintain the holiday use condition to prevent an isolated dwelling in the countryside outweighed the appellant's desire to establish permanent residence

What the Inspector cited

Development plan policies
Policy SP1Policy DM2Policy CP1Policy CP6
National Planning Policy Framework
Paragraph 11Paragraph 79
Judgments
Braintree District Council v SSCLG [2018] EWCA Civ 610

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

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More decisions in Somerset West and Taunton

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

  1. Planning permission granted1 May 20243321490
    Parks Farm, Brompton Ralph, Taunton, TA4 3PS
  2. Invalid1 May 20243321487
    Parks Farm, Brompton Ralph , Taunton , TA4 3PS
  3. Dismissed10 August 20233307369
    Land at Sweethay, Trull, Taunton, TA3 7PB
  4. Notice upheld11 July 20233300699
    2 Ponsford Road, Minehead, TA24 5DX
  5. Notice varied and upheld6 July 20233316711
    Blue Anchor Hotel, Blue Anchor, Minehead, TA24 6JP

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.