Town Planner Pro
Free trial
Search appeal decisions

Planning appeal decision

Notice upheld8 March 20223281426

Land on the North Side of of Statheclose Rhyne, (Otherwise Known As Land Adjacent to Lilac Cottage, Stathe Road), Stoke St Gregory, Taunton, TA7 0JH

Planning appeal 3281426 at Land on the North Side of of Statheclose Rhyne, (Otherwise Known As Land Adjacent to Lilac Cottage, Stathe Road), Stoke St Gregory, Taunton, TA7 0JH (Somerset West and Taunton *) was dismissed on 8 March 2022 by Inspector Boffin D, following an inquiry. The main issue, as the Inspector framed it: Appeal A ground (d): whether the material change of use of the barn to residential use began before 11 February 2016 and continued for at least four years thereafter.

Unauthorised material change of use of an agricultural building to use as a residential dwelling (Appeal A); unauthorised construction of buildings on the land (Appeal B)

Authority
Somerset West and Taunton *
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Other minor developments
Inspector
Boffin D
Postcode
TA7 0JH

Main issues, as the Inspector framed them

  • Appeal A ground (d): whether the material change of use of the barn to residential use began before 11 February 2016 and continued for at least four years thereafter
  • Appeal B ground (d): whether the operations involved in the construction of compost toilets A and B were substantially completed prior to 12 July 2017

What decided it

The appellant's evidence, considered as a matter of fact and degree against the Council's own records (including compliance with the 2010 notice by 2012), established on the balance of probabilities that the relevant uses/operations had subsisted for more than four years before the respective notices were issued.

What the Inspector cited

Judgments
Gravesham BC v SSE & O'Brien [1982] 47 P&CR 142; [1983] JPL 307; Gabbitas v SSE & Newham LBC [1985] JPL 630

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

7 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 Somerset West and Taunton

The authority’s record since 2016 · every decision in 2022

  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.