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Quashed On Legal Grounds11 July 20223294210

14 Abbot Road, Woodside, Ivybridge, Devon, PL21 9TF

Planning appeal 3294210 at 14 Abbot Road, Woodside, Ivybridge, Devon, PL21 9TF (South Hams District Council) was decided (quashed on legal grounds) on 11 July 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether there has been a breach of planning control by material change of use of the land from residential garden use to a mixed use comprising residential use and the depositing and storage of building materials, rubble, soil and spoil.

without planning permission, the material change of use of the land from residential garden use to a mixed use, comprising residential use and the depositing and storage of building materials, rubble, soil and spoil

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Jarratt P
Postcode
PL21 9TF

Main issues, as the Inspector framed them

  • Whether there has been a breach of planning control by material change of use of the land from residential garden use to a mixed use comprising residential use and the depositing and storage of building materials, rubble, soil and spoil

What decided it

The Council failed to prove on the balance of probabilities that a mixed use had occurred, as the site remained in residential use with materials stored solely for the purpose of repairing the boundary wall.

The decision letter

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More decisions in South Hams

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

  1. Notice upheld20 August 20263355071
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  2. Notice upheld20 August 20263355070
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  3. Notice upheld14 August 20263352131
    6 Broomborough Drive, Totnes, TQ9 5LT
  4. Split Decision30 April 20263351249
    Murtwell House, Diptford, Totnes, TQ9 7NQ
  5. Notice varied and upheld21 April 20263350137
    Land at Sx 786639, South Side of New Lane, Staverton, Devon, TQ7 3AA

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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