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Planning appeal decision

Notice upheld4 October 20213275167

Land on the South Side of Bourne Cottage, Holford, Somerset, TA5 1RZ

Planning appeal 3275167 at Land on the South Side of Bourne Cottage, Holford, Somerset, TA5 1RZ (Somerset West and Taunton *) was dismissed on 4 October 2021 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the notice was properly served (ground e).

the erection of a building in the approximate position shown edged blue on the plan attached to the notice

Authority
Somerset West and Taunton *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Householder developments
Inspector
Jarratt P
Postcode
TA5 1RZ

Main issues, as the Inspector framed them

  • Whether the notice was properly served (ground e)
  • Whether there has been a breach of planning control, specifically whether the building is permitted development (ground c)
  • Whether it was too late to take enforcement action (ground d)
  • Whether the steps required are excessive (ground f)
  • Whether the compliance period is too short (ground g)

What decided it

The building as constructed materially departed from the prior notification application in dimensions and design, and the Inspector found it was designed for dual domestic and agricultural purposes rather than purely agricultural use, thus failing to qualify as permitted development under the GPDO.

What the Inspector cited

Judgments
Newham LBC v Miah [2016] EWHC 1043 (Admin); Sage v SSETR [2003] UKHL 22

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. Notice upheld11 July 20233300699
    2 Ponsford Road, Minehead, TA24 5DX
  4. Notice varied and upheld6 July 20233316711
    Blue Anchor Hotel, Blue Anchor, Minehead, TA24 6JP
  5. Notice upheld20 February 20233305733
    Muddy Acre Nethercott Lane, Lydeard St. Lawrence, Taunton, TA4 3SQ

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.