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Planning appeal decision

Allowed4 October 20223294599

Greenhayes, Road From Little Pacehayne To Park Cottage, Shute, EX13 7QE

conversion of redundant agricultural building to form 1 no dwellinghouse, demolition of adjacent metal shed, provision of associated parking area and planting of new native hedgerow

Authority
East Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Nicholls H

Main issues, as the Inspector framed them

  • Whether the location of the development accords with local and national policies that seek to restrict development in the countryside and reduce the need to travel by private car

What decided it

The Council's inability to demonstrate a five-year housing land supply combined with the out-of-date status of Policy D8 and the application of the tilted balance, whereby the modest harm from the unsustainable location does not significantly and demonstrably outweigh the benefits of housing delivery and building reuse.

The modest harm from the unsustainable location and reliance on private vehicles does not significantly and demonstrably outweigh the public benefits of reusing a suitable building, creating a dwelling to add to the local housing stock, and related social and economic benefits, particularly in the context of the current deficiency in housing land supply.

Framework references: 80, 84, 105, 11

Plan policies cited: Strategy 5B, Policy TC2, Strategy 7, Policy D8

Judgments cited: City and Country Bramshill Ltd v SSHCLG [2021] EWCA Civ 320; Braintree DC v SSLG Greyread Ltd & Granville Devs Ltd [2017] EWHC 2743 (Admin); [2018] EWHC Civ 610

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.