®Planning appeal decision
Land at Blackhill, Beaworthy, Devon, EX21 5AA
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
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.
Framework references: 85
Plan policies cited: Policy SPT1, Policy SPT9, Policy TTV2, Policy TTV26, Policy DEV2, Policy DEV15
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.