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Planning appeal decision

Notice varied and upheld7 November 20223295289

Land at Hornshayes Farm, Stockland, Devon, EX14 9BX

Planning appeal 3295289 at Land at Hornshayes Farm, Stockland, Devon, EX14 9BX (East Devon District Council) was allowed in part (a split decision) on 7 November 2022 by Inspector Graham J, following a hearing. The main issue, as the Inspector framed it: Whether there is a need for a dwelling at this site in order to accommodate a person employed in a rural business.

Retain residential use of the static caravan situated on the site located at Hornshayes Farm

Authority
East Devon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Change of use
Inspector
Graham J
Postcode
EX14 9BX

Main issues, as the Inspector framed them

  • Whether there is a need for a dwelling at this site in order to accommodate a person employed in a rural business
  • The effect of the development on the character and appearance of the area

What decided it

The Habitats Regulations prevented the grant of planning permission because it could not be ascertained that the residential use would have no adverse effect on the integrity of the River Axe Special Area of Conservation.

the personal circumstances of The Occupier outweighed the conflict with the Development Plan, but the Habitats Regulations nonetheless prevented the grant of planning permission

What the Inspector cited

Development plan policies
Strategy 7Policy H4Strategy 46Policy TC2Strategy 35Policy NE3

How the Inspector dealt with each one is set out in the app, in order: the development plan, national policy, housing land supply, other considerations and the planning balance, beside the letter.

See how each was applied

The decision letter

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More decisions in East Devon

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

  1. Notice varied and upheld16 September 20263360742
    55 High Street, Honiton, EX14 1PW
  2. Notice varied and upheld28 May 20263361991
    Land at Broad Down, North of Linhay Farm, East Side of Seaton Road, Southleigh, Colyton, EX24 6JF
  3. Notice varied and upheld19 February 20263354198
    Land Adjoining Harcombe Farm, Harcombe, Uplyme, Lyme Regis, DT7 3RN
  4. Notice varied and upheld19 February 20263321021
    Land Adjoining Harcombe Farm, Harcombe, Uplyme, Lyme Regis, Devon, DT7 3RN
  5. Notice upheld11 February 20263361196
    Land Adjoining Pencroft, Wilmington , Honiton , EX14 9JW

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.