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Dismissed15 December 20223296079

Land North of Seymour Drive, Dartmouth, TQ6 9GE

Planning appeal 3296079 at Land North of Seymour Drive, Dartmouth, TQ6 9GE (South Hams District Council) was dismissed on 15 December 2022 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: 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.

Certificate of lawful use or development for failure to comply with condition 7 of planning permission 15/1790/98/F (landscaping scheme and open grassland provision)

Authority
South Hams District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Jarratt P
Postcode
TQ6 9GE

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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More decisions in South Hams

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

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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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