Planning appeal decision
Land South of Tree Tops, Toad Pit Lane, West Hill, Ottery St. Mary, Devon, EX11 1LQ
Planning appeal 3303671 at Land South of Tree Tops, Toad Pit Lane, West Hill, Ottery St. Mary, Devon, EX11 1LQ (East Devon District Council) was dismissed on 28 December 2022 by Inspector Evans J, by written representations. The main issue, as the Inspector framed it: Whether the location of the site is suitable for residential development.
two storey detached dwelling and change of use of land to residential curtilage
- Authority
- East Devon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Evans J
- Postcode
- EX11 1LQ
Main issues, as the Inspector framed them
- Whether the location of the site is suitable for residential development
What decided it
The location would necessitate reliance on private motor vehicles for future occupiers, causing significant environmental harm that substantially outweighs the benefits of housing delivery and self-build construction.
The benefits of housing delivery, self-build construction, and small carbon footprint were outweighed by the substantial cumulative environmental harm arising from the location's unsuitability for sustainable transport, with the adverse impacts significantly and demonstrably outweighing the benefits under paragraph 11(d) of the Framework.
What the Inspector cited
- Development plan policies
- Strategy 5BStrategy 7Strategy 27Policy TC2
- National Planning Policy Framework
- Paragraph 11
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


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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.
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