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Notice varied and upheld11 May 20223291490

Land at Alston Cottage, Buckland Monachorum, PL20 7LN

Planning appeal 3291490 at Land at Alston Cottage, Buckland Monachorum, PL20 7LN (West Devon Borough Council) was allowed in part (a split decision) on 11 May 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the residential use of the land had become established more than ten years before the enforcement notice was issued, such that enforcement action was time-barred under section 171B(3) of the Town and Country Planning Act 1990.

a material change of use of the Land without planning permission from agriculture/equestrian to a mixed use of agriculture/equestrian and residential with the siting of polytunnels

Authority
West Devon Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Change of use
Inspector
Jarratt P
Postcode
PL20 7LN

Main issues, as the Inspector framed them

  • Whether the residential use of the land had become established more than ten years before the enforcement notice was issued, such that enforcement action was time-barred under section 171B(3) of the Town and Country Planning Act 1990
  • Whether planning permission should be granted for the material change of use to mixed agricultural/equestrian and residential use

What decided it

The appellant failed to establish that the residential use had become lawful through the passage of time, and the development is contrary to local and national planning policies protecting the AONB and National Park setting.

What the Inspector cited

Development plan policies
Policy TTV26
National Planning Policy Framework
Paragraph 60Paragraph 80Paragraph 176

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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More decisions in West Devon

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

  1. Notice varied and upheld17 September 20263355120
    Greenslade, Greenslade Lane, Sampford Courtenay, EX20 2SF
  2. Notice varied and upheld4 August 20263377919
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  3. Notice varied and upheld16 July 20263377842
    Land at SX369802, Known As Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD
  4. Notice varied and upheld29 April 20263374695
    Land at Higher Liftondown Heights SX365854, Liftondown, Launceston, PL16 0DB
  5. Notice varied and upheld29 April 20263374608
    Land at SX367853, West of Midway, Liftondown, Devon, PL16 0DB

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.