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Planning appeal decision

Notice varied and upheld11 May 20223291490

Land at Alston Cottage, Buckland Monachorum, PL20 7LN

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

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.

Framework references: 60, 80, 176

Plan policies cited: Policy TTV26

The main issues and the deciding factor are read from the published letter by Town Planner Pro; 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 other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.