®Planning appeal decision
Land at Blackhill, Beaworthy, Devon, EX21 5AA
Planning appeal 3297456 at Land at Blackhill, Beaworthy, Devon, EX21 5AA (West Devon Borough Council) was allowed on 23 December 2022 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the material change of use notice is valid and whether the alleged breach of planning control occurred.
without planning permission, material change of use of land from agriculture to a mixed use of agriculture, equestrian use, the keeping/breeding and sale of (racing) pigeons, siting of a mobile home unit (shown in photograph A) used for residential purposes and for the storage of a touring caravan (shown in photograph E) (“the development”)
- Authority
- West Devon Borough Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- agricultural · Other minor developments
- Inspector
- Curnow R
- Postcode
- EX21 5AA
Main issues, as the Inspector framed them
- Whether the material change of use notice is valid and whether the alleged breach of planning control occurred
- Whether the use of the land acquired immunity from enforcement action under section 171B(3) of the Town and Country Planning Act 1990
- Whether the steps required by the enforcement notice exceed what is necessary to remedy the breach
- The effect of the development on the character and appearance of the area
- Whether the development is in an appropriate, accessible and sustainable location
- The effect of the development on the natural environment by reason of effluent arising from the use of the buildings
What decided it
The equestrian use and pigeon-keeping business were demonstrated on the balance of probability to have been carried out continuously for over ten years prior to the enforcement notice, acquiring immunity from enforcement action under section 171B(3) of the 1990 Act.
What the Inspector cited
- Development plan policies
- Policy SPT1Policy SPT9Policy TTV2Policy TTV26Policy DEV2Policy DEV15
- National Planning Policy Framework
- Paragraph 85
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 appliedThe decision letter
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With an account
What an account adds to this decision
More decisions in West Devon
The authority’s record since 2016 · every decision in 2022
- Notice varied and upheld17 September 20263355120Greenslade, Greenslade Lane, Sampford Courtenay, EX20 2SF
- Notice varied and upheld4 August 20263377919Land South of Dartmoor Caravan Park, Crapstone, Yelverton, Devon, PL20 7PP
- Notice varied and upheld16 July 20263377842Land at SX369802, Known As Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD
- Notice varied and upheld29 April 20263374695Land at Higher Liftondown Heights SX365854, Liftondown, Launceston, PL16 0DB
- Notice varied and upheld29 April 20263374608Land at SX367853, West of Midway, Liftondown, Devon, PL16 0DB
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.