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Planning appeal decision

Allowed27 February 20233294056

Pixton Woodlands, Bampton, Tiverton, Devon, EX16 9HU

Planning appeal 3294056 at Pixton Woodlands, Bampton, Tiverton, Devon, EX16 9HU (Mid Devon District Council) was allowed on 27 February 2023 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse an LDC was well-founded, which turns on whether planning permission 14/01304/FULL was implemented.

the erection of a dwellinghouse without planning permission

Authority
Mid Devon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jarratt P
Postcode
EX16 9HU

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse an LDC was well-founded, which turns on whether planning permission 14/01304/FULL was implemented

What decided it

The cumulative effect of dimensional and design changes, particularly the 35% increase in footprint, meant the building was materially different from the approved permission and therefore not an implementation of it, rendering it immune from enforcement as it was substantially completed over four years prior.

The decision letter

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More decisions in Mid Devon

The authority’s record since 2016 · every decision in 2023

  1. Notice varied and upheld29 January 20263340220
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  2. Notice varied and upheld29 January 20263340219
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  3. Notice varied and upheld29 January 20263340213
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  4. Notice upheld19 January 20263351481
    Woodah Wood, Eggesford, Devon, EX18 7ER
  5. Notice varied and upheld22 December 20253351332
    Land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ

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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