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Planning appeal decision

Quashed On Legal Grounds16 October 20233310160

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

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

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.

Framework references: 55, 56

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.