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Planning appeal decision

Dismissed2 May 20233308523

Lower Toollands, New Road, West Bagborough, Somerset, TA4 3EP

Planning appeal 3308523 at Lower Toollands, New Road, West Bagborough, Somerset, TA4 3EP (Somerset West and Taunton *) was dismissed on 2 May 2023 by Inspector Nicholson D, by written representations. The main issue, as the Inspector framed it: whether the condition is justified.

Erection of Agricultural Workers [sic] Dwelling without complying with a condition attached to planning permission Ref 45/93/0006, dated 4 November 1993

Authority
Somerset West and Taunton *
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
agricultural · Minor Dwellings
Inspector
Nicholson D
Postcode
TA4 3EP

Main issues, as the Inspector framed them

  • whether the condition is justified
  • whether the evidence justifies a broader exemption to include tourism in the definition of a rural worker
  • whether the property has been appropriately marketed with the occupancy restriction

What decided it

The condition continues to serve a planning purpose as part of the Council's stock of housing for rural workers, and the evidence does not demonstrate that the property cannot be sold or let at a price reflecting its occupancy condition, nor that there is no demand for such dwellings.

What the Inspector cited

Development plan policies
Policy H1a
National Planning Policy Framework
Paragraph 56Paragraph 79Paragraph 80

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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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.