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Planning appeal decision

Dismissed27 October 20213278969

Land at Binneford, Yeoford, Near Exeter, Devon, EX17 5EZ

the removal of 3 in no. agricultural buildings and erection of 2 in no. dwellinghouses

Authority
Mid Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
O'Connor H

Main issues, as the Inspector framed them

  • the impact of the proposal on the character and appearance of the area, having particular regard to the significance of Higher Binneford, a grade II listed building
  • if harm arises, whether this is outweighed by other material considerations

What decided it

The less than substantial harm to the character and appearance of the area and the setting of the designated heritage asset, when weighed against limited public benefits that would not exceed those already secured by the fallback prior approval position, meant the proposal conflicted with the development plan and no compelling material considerations justified determination otherwise.

The less than substantial harm to the significance of the designated heritage asset and character and appearance of the area was not outweighed by the limited public benefits identified, particularly because the fallback prior approval position would secure similar housing and economic benefits without the additional harm.

Framework references: 11, 126, 130, 199, 202

Plan policies cited: Policy S1, Policy S9, Policy S14, Policy DM1, Policy DM25

Judgments cited: Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.