®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
- other · Change of use
- Inspector
- Curnow R
Main issues, as the Inspector framed them
- Whether the matters alleged in the enforcement notices constitute a breach of planning control
- Whether enforcement action could be taken at the date the notices were issued
- Whether the steps required 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 had been lawfully carried out for more than ten years prior to the enforcement notices, making them immune from enforcement action; the larger pigeon loft building was appropriately designed and located for a rural commercial enterprise with no harm to character, appearance or the environment.
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.