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Notice varied and upheld23 December 20223297462

Land at Blackhill, Beaworthy, Devon, EX21 5AA

Planning appeal 3297462 at Land at Blackhill, Beaworthy, Devon, EX21 5AA (West Devon Borough Council) was allowed in part (a split decision) on 23 December 2022 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notices constitute a breach of planning control.

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
Postcode
EX21 5AA

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.

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 applied

The decision letter

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More decisions in West Devon

The authority’s record since 2016 · every decision in 2022

  1. Notice varied and upheld17 September 20263355120
    Greenslade, Greenslade Lane, Sampford Courtenay, EX20 2SF
  2. Notice varied and upheld4 August 20263377919
    Land South of Dartmoor Caravan Park, Crapstone, Yelverton, Devon, PL20 7PP
  3. Notice varied and upheld16 July 20263377842
    Land at SX369802, Known As Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD
  4. Notice varied and upheld29 April 20263374695
    Land at Higher Liftondown Heights SX365854, Liftondown, Launceston, PL16 0DB
  5. Notice varied and upheld29 April 20263374608
    Land 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.

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.