The Old Orchard, Dennings Paddock Wallingford Road, KINGSBRIDGE, TQ7 1NF

Authority: South Hams District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Other minor developments
Inspector: Curnow R

Main issues, as the Inspector framed them

Whether the Notice was correctly served (Ground (e))
Whether the matters alleged in the Notice have occurred (Ground (b))
Whether the matters alleged constitute a breach of planning control (Ground (c))
Whether the requirements of the Notice exceed what is necessary to remedy the breach (Ground (f))

What decided it

The Appellants were unable to show, other than for Shed D, that the sheds, yurts and decking had not been used for residential purposes or that this use was authorised by permitted development rights or the extant planning permission.

Judgments cited: Hibbitt v SSCLG [2016] EWHC 2853 (Admin)

Read the decision letter on the Inspectorate’s site

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What an account adds

Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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