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Planning appeal decision

Notice varied and upheld2 February 20223282288

Land on the South Side of Shirwell Road, Shirwell, Barnstaple, Devon, EX31 4JH

Planning appeal 3282288 at Land on the South Side of Shirwell Road, Shirwell, Barnstaple, Devon, EX31 4JH (North Devon District Council) was allowed in part (a split decision) on 2 February 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control (ground c).

within the last four years unauthorised operational development consisting of the creation of an access onto a classified road

Authority
North Devon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
agricultural · Other minor developments
Inspector
Jarratt P
Postcode
EX31 4JH

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control (ground c)
  • The effect of the unlawful access on highway safety (ground a)

What decided it

The substandard visibility splay of 8 metres to the west of the access, which is inadequate for the A39 classified road and the speed of traffic, combined with the lack of hard surfacing and inadequate drainage, creates unacceptable highway safety risks that cannot be outweighed by the appellant's mitigation offers.

What the Inspector cited

Development plan policies
DM01DM05DM14
National Planning Policy Framework
Paragraph 110Paragraph 111

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 North Devon

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

  1. Notice varied and upheld16 September 20263367531
    31 High Street, Ilfracombe, Devon, EX34 9DA
  2. Allowed18 June 20266006157
    Horseshoe Lodge, Burrington, Umberleigh, EX37 9LH
  3. Notice varied and upheld11 June 20263350249
    North of Mockham Barton, Brayford, Barnstaple, EX32 7LH
  4. Notice varied and upheld26 May 20263345634
    Land at Barcombe Down , North Molton , South Molton , EX36 3LW
  5. Notice upheld13 May 20263371748
    Land Lying to the South of, Greenacres Bratton Fleming, Barnstaple , EX31 4SG

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.