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Allowed18 January 20233296766

Brambleside, Lydford, Dartmoor, Devon, EX20 4AU

Planning appeal 3296766 at Brambleside, Lydford, Dartmoor, Devon, EX20 4AU (Dartmoor) was allowed on 18 January 2023 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: 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.

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
Postcode
EX20 4AU

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 decision letter

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More decisions in Dartmoor

The authority’s record since 2016 · every decision in 2023

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    The Cabin , Merrifield Road, Buckfastleigh, Devon, TQ11 0HE
  2. Notice upheld7 January 20253352844
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  3. Notice varied and upheld30 December 20243343435
    Elliotts Farm, Buckland-In-The-Moor, Ashburton, Newton Abbot, TQ13 7HP
  4. Planning permission granted4 April 20243326723
    Beech Court, Buckland-In-The-Moor, Ashburton, Newton Abbot, TQ13 7HP
  5. Dismissed6 November 20233321953
    Devon Oaks Holiday Park, Devon Oaks , Bedford Bridge, Devon, PL20 7RY

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.