Stoney Brook Stables, Torbryan, Totnes, TQ9 6BB

Planning appeal 3304517 at Stoney Brook Stables, Torbryan, Totnes, TQ9 6BB (Teignbridge District Council) was allowed in part (a split decision) on 31 March 2023 by Inspector Curnow R, following an inquiry. The main issue, as the Inspector framed it: 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.

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
Postcode: TQ7 6BB

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.

What the Inspector cited

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

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.

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The decision letter

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More decisions in Teignbridge

The authority’s record since 2016 · every decision in 2023

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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.