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Planning appeal decision

Notice varied and upheld7 August 20233309901

Land at Peters Marland, Aka The Yard, Torrington, Devon, EX38 8QH

Planning appeal 3309901 at Land at Peters Marland, Aka The Yard, Torrington, Devon, EX38 8QH (Torridge District Council) was allowed in part (a split decision) on 7 August 2023 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice was issued within the time limit available to the Council for taking enforcement action (ground d).

Without planning permission and within the last four years, operational development comprising the construction and use of a dwellinghouse in the approximate position marked as “1” on the attached plan and shown in Appendix B

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Other minor developments
Inspector
Graham J
Postcode
EX38 8QH

Main issues, as the Inspector framed them

  • Whether the enforcement notice was issued within the time limit available to the Council for taking enforcement action (ground d)
  • Whether planning permission ought to be granted for the construction and use of a dwellinghouse (ground a)

What decided it

The construction of a dwellinghouse on the appeal site is at odds with Local Plan Policy ST07 for countryside development, and there are no material considerations of sufficient weight to overcome this conflict with the development plan.

What the Inspector cited

Development plan policies
Policy ST07 of the North Devon and Torridge Local Plan 2011-2031

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 Torridge

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

  1. Dismissed30 July 20263375548
    The Big Sheep, Abbotsham, Bideford, EX39 5AP
  2. Planning permission granted18 February 20263356368
    Outbuilding Within Rear Garden, Clinton House, Sheepwash, Devon, EX21 5NQ
  3. Allowed3 December 20253352946
    Bowood Farm, Roborough, Winkleigh, Devon, EX19 8TE
  4. Quashed On Legal Grounds28 August 20253353988
    Meddon, Hartland, EX39 6HB
  5. Notice varied and upheld29 April 20253340537
    Follyfoot Equestrian Centre Sandymere Rd, Sandymere Rd, Northam, Devon, EX39 1XR

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.