®Planning appeal decision
Vipers Quay, Dittisham, Dartmouth, TQ6 0HE
Planning appeal 3291595 at Vipers Quay, Dittisham, Dartmouth, TQ6 0HE (South Hams District Council) was allowed on 14 June 2022 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the proposed works amount to 'development' requiring an express grant of planning permission, or constitute maintenance and alteration falling within the exemption under section 55(2)(a) of the Town and Country Planning Act 1990.
as I have described above. It is perhaps worth noting here that in the event that more extensive works than those described in the First Schedule of the LDC are (or were) carried out, the LDC would not apply: the question of whether or not such works amounted to development would need to be considered afresh. Conclusion 15. For the reasons given above I conclude, on the evidence now available, that the Council's refusal to grant a certificate of lawful use or development in respect of repairs to the jetty at Vipers Quay was not well-founded and that the appeal should succeed. I will exercise the powers transferred to me under section 195(2) of the 1990 Act as amended. Jessica Graham INSPECTOR Appeal
- Authority
- South Hams District Council
- Appeal type
- ldc · Lawful Development Certificate
- Procedure
- Written Representations
- Development
- other · Change of use
- Inspector
- Graham J
- Postcode
- TQ6 0HE
Main issues, as the Inspector framed them
- Whether the proposed works amount to 'development' requiring an express grant of planning permission, or constitute maintenance and alteration falling within the exemption under section 55(2)(a) of the Town and Country Planning Act 1990
What decided it
The proposed works would constitute repair and maintenance of the existing jetty structure using existing stone in the same position, not rebuilding, and would not materially affect the external appearance of the jetty as a whole, thus falling within the exemption from development under section 55(2)(a) of the 1990 Act.
The decision letter
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With an account
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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.