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Planning appeal decision

Notice varied and upheld14 December 20233307629

Land at Culm Springs, Cullompton, Devon, EX15 1GY

Planning appeal 3307629 at Land at Culm Springs, Cullompton, Devon, EX15 1GY (Mid Devon District Council) was allowed in part (a split decision) on 14 December 2023 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: Whether the bungalow lies in an appropriate location for residential development.

Without planning permission, the erection of a single storey building (“the Development”) in the approximate position shown shaded blue on the attached plan. The building looks like and appears to have been designed as a dwelling house

Authority
Mid Devon District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Minor Dwellings
Inspector
Curnow R
Postcode
EX15 1GY

Main issues, as the Inspector framed them

  • Whether the bungalow lies in an appropriate location for residential development
  • The effect of the development on the character and appearance of the area
  • If the dwelling is to be allowed on the basis of the removal of one of the caravans from the land, how might this removal be achieved

What decided it

The dwelling was found not to be in an appropriate location for residential development, breaching Policies S14 and DM10 of the development plan.

The harm to the character and appearance of the rural landscape was not outweighed by any benefit, as the development was unauthorised and unjustified by housing policy, and the fallback of replacing caravans was given little weight as merely theoretical.

What the Inspector cited

Development plan policies
Policy S14Policy DM10Policy DM8Policy DM1
Judgments
Caldwell v SoSHLUC and Buckinghamshire Council [2023] EWHC 2053 (Admin); Sage v SSETR & Maidstone BC [2003] UKHL 22; Robert Fidler v SSCLG and Reigate and Banstead Borough Council [2010] EWHC 143 (Admin)

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 Mid Devon

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

  1. Notice varied and upheld29 January 20263340220
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  2. Notice varied and upheld29 January 20263340219
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  3. Notice varied and upheld29 January 20263340213
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  4. Notice upheld19 January 20263351481
    Woodah Wood, Eggesford, Devon, EX18 7ER
  5. Notice varied and upheld22 December 20253351332
    Land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ

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.