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Planning appeal decision

Allowed18 January 20233296766

Brambleside, Lydford, Dartmoor, Devon, EX20 4AU

the use of a building known as Brambleside as a dwelling plus associated land as garden, parking and access

Authority
Dartmoor
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Jarratt P

Main issues, as the Inspector framed them

  • Whether the authority's decision to refuse to grant a lawful development certificate was well-founded, turning on whether the appeal property has achieved immunity from enforcement action through the passage of time

What decided it

The breach of planning control involving change of use to residential occurred in 1950 and continued for more than four years, thereby achieving immunity from enforcement action under section 23(1) of the 1947 Act, with no evidence of subsequent abandonment.

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.