Roberts Acre Farm, Bridford, Exeter, EX6 7HH

Planning appeal 3286589 at Roberts Acre Farm, Bridford, Exeter, EX6 7HH (Dartmoor) was dismissed on 1 August 2022 by Inspector Jarratt P, following an inquiry. The main issue, as the Inspector framed it: Whether the authority's decision to refuse to grant an LDC was well-founded, including whether the building represents a new building or a conversion of the existing structure, whether planning permission existed for the works, and whether following its completion there was an intermediate material change of use which was subsequently converted to a dwelling.

the change of use of part of a building (formerly used for agriculture) to a C3 use as a dwelling

Authority: Dartmoor
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: residential · Change of use
Inspector: Jarratt P
Postcode: EX6 7HH

Main issues, as the Inspector framed them

Whether the authority's decision to refuse to grant an LDC was well-founded, including whether the building represents a new building or a conversion of the existing structure, whether planning permission existed for the works, and whether following its completion there was an intermediate material change of use which was subsequently converted to a dwelling.

What decided it

The Inspector found as a matter of fact and degree that the Old Parlour was a new building rather than a conversion, and that its use as a dwellinghouse had existed for less than 10 years, so no immunity from enforcement had accrued.

What the Inspector cited

Judgments: Hibbitt v SSCLG [2016] EWHC 2853 Admin; Oates v SSCLG [2018] EWCA Civ 2229; R(John Williams and Others) v Forest of Dean DC [2018] EWHC 2409

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.

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The decision letter

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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.