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Planning appeal decision

Notice varied and upheld14 December 20233307629

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

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

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.

Plan policies cited: Policy S14, Policy DM10, Policy DM8, Policy DM1

Judgments cited: 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)

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.