Land north of Seymour Drive, Dartmouth, TQ6 9GE

Authority: South Hams District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Jarratt P

Main issues, as the Inspector framed them

Whether at the date of the application (2 February 2022) the period during which the Council could have taken enforcement action against the breach of planning control has ended

What decided it

The appellant failed to discharge the burden of proof on the balance of probabilities that there had been a failure to comply with condition 7, as the evidence did not adequately demonstrate non-implementation of the landscaping scheme and open grassland provision within the required timeframe.

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
Then the development plan position, the housing land supply as an Inspector last accepted it, and every appeal decided around the site with its letter.
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