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Quashed On Legal Grounds16 October 20233310160

East of West Headson Farm, Bratton Clovelly , Devon, EX20 4JP

Planning appeal 3310160 at East of West Headson Farm, Bratton Clovelly , Devon, EX20 4JP (West Devon Borough Council) was decided (quashed on legal grounds) on 16 October 2023 by Inspector Curnow R, by written representations. The main issue, as the Inspector framed it: Whether the enforcement notice validly specifies the alleged breach of planning control.

Without planning permission, the unauthorised gateway access created to land from classified road

Authority
West Devon Borough Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Householder developments
Inspector
Curnow R
Postcode
EX20 4JP

Main issues, as the Inspector framed them

  • Whether the enforcement notice validly specifies the alleged breach of planning control

What decided it

The enforcement notice is invalid because it alleges a breach of planning control (unauthorised development without permission) when the development had in fact been authorised by planning permission 2295/20/FUL, and the notice could not be corrected without injustice.

What the Inspector cited

National Planning Policy Framework
Paragraph 55Paragraph 56

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 West Devon

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

  1. Notice varied and upheld17 September 20263355120
    Greenslade, Greenslade Lane, Sampford Courtenay, EX20 2SF
  2. Notice varied and upheld4 August 20263377919
    Land South of Dartmoor Caravan Park, Crapstone, Yelverton, Devon, PL20 7PP
  3. Notice varied and upheld16 July 20263377842
    Land at SX369802, Known As Rose Cottage, The Tollhouse, Greystone Bridge, Launceston, Devon, PL15 9PD
  4. Notice varied and upheld29 April 20263374695
    Land at Higher Liftondown Heights SX365854, Liftondown, Launceston, PL16 0DB
  5. Notice varied and upheld29 April 20263374608
    Land at SX367853, West of Midway, Liftondown, Devon, PL16 0DB

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.