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Dismissed12 October 20233310773

Wren Cottage and Robin Cottage, Poundsgate, Newton Abbot, TQ13 7PD

Planning appeal 3310773 at Wren Cottage and Robin Cottage, Poundsgate, Newton Abbot, TQ13 7PD (Dartmoor) was dismissed on 12 October 2023 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the appellant has demonstrated on the balance of probabilities that Wren Cottage has been occupied in breach of condition (b) of permission 5/06/257/98/03 continuously for ten years prior to the LDC application.

Certificate of lawful use or development for continued occupation of Wren Cottage in breach of condition (b) of planning permission 5/06/257/98/03

Authority
Dartmoor
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Jarratt P
Postcode
TQ13 7PD

Main issues, as the Inspector framed them

  • Whether the appellant has demonstrated on the balance of probabilities that Wren Cottage has been occupied in breach of condition (b) of permission 5/06/257/98/03 continuously for ten years prior to the LDC application

What decided it

Although the appellant proved breach of the occupancy restriction for ten years, the evidence demonstrated the cottages remained holiday accommodation rather than establishing lawful use as a separate dwellinghouse, which was not the subject of the original permission.

The decision letter

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

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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.

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