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Quashed On Legal Grounds28 November 20223290823

Cliffe House, 7 Tors Park, Lynmouth, Lynmouth, Devon, EX35 6NB

Planning appeal 3290823 at Cliffe House, 7 Tors Park, Lynmouth, Lynmouth, Devon, EX35 6NB (Exmoor) was decided (quashed on legal grounds) on 28 November 2022 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether at the time the enforcement notice was issued, it was too late to take enforcement action under section 171B(3) of the Town and Country Planning Act 1990, on the basis that the material change of use had been continuous for 10 years or more.

without planning permission and within the last 10 years: A change of use of land from agriculture/forestry to a mixed use comprising agriculture/forestry and the storage of items not associated with that use including metal storage containers timber, a trailer, pipes, tyres and an engine

Authority
Exmoor
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Harwood A
Postcode
EX35 6NB

Main issues, as the Inspector framed them

  • Whether at the time the enforcement notice was issued, it was too late to take enforcement action under section 171B(3) of the Town and Country Planning Act 1990, on the basis that the material change of use had been continuous for 10 years or more

What decided it

The cumulative weight of evidence from local residents corroborating continuous storage use of the site for more than 10 years prior to the enforcement notice, combined with the absence of any contradictory evidence from the Park Authority, satisfied the balance of probabilities test required under section 171B(3) of the Town and Country Planning Act 1990.

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More decisions in Exmoor

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

  1. Quashed On Legal Grounds25 June 20263357392
    Orchard View, Rodhuish, Minehead, TA24 6QZ
  2. Invalid26 May 20263353696
    Caravel, 14 Lynmouth Street, Lynmouth, Devon, EX35 6EH
  3. Notice varied and upheld28 November 20223297708
    Culbone Stables Inn, Porlock, Minehead, Somerset, TA24 8JW
  4. Notice varied and upheld24 November 20223290861
    All That Property Known As Beach Cottage, Porlock Weir, TA24 8PE
  5. Allowed14 January 20223280583
    39 West Street, Dunster, Minehead, TA24 6SN

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.

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