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Planning appeal decision

Notice varied and upheld31 March 20233304517

Stoney Brook Stables, Torbryan, Totnes, TQ9 6BB

without planning permission, the unauthorised siting of a residential mobile home in the approximate position hatched blue on the attached plan

Authority
Teignbridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
caravan-gypsy · Other minor developments
Inspector
Curnow R

Main issues, as the Inspector framed them

  • Whether the residential use of the caravan (mobile home) on the land had continued without material interruption for a period in excess of 10 years so as to be immune from enforcement action and to entitle the Appellant to a certificate of lawful use or development

What decided it

The Inspector's finding, on the balance of probability, that the Appellant's evidence of continuous 10-year residential occupation of the caravan lacked credibility when weighed against his own earlier admissions and the 2015 appeal decision's findings.

Judgments cited: Ravensdale Limited v SSCLG [2016] EWHC 2374 (Admin); Nelsovil Limited, and Others, v Minister of Housing and Local Government [1961]

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.