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Notice varied and upheld20 November 20243317807

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

Planning appeal 3317807 at The Old Orchard, Dennings Paddock Wallingford Road, Kingsbridge, TQ7 1NF (South Hams District Council) was allowed in part (a split decision) on 20 November 2024 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: Whether the Notice was correctly served (Ground (e)).

Erection of sheds, yurts and decking, and material change of use of the land from a lawful agricultural use to a mixed agricultural and residential use

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
residential · Other minor developments
Inspector
Curnow R
Postcode
TQ7 1NF

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.

What the Inspector cited

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

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 South Hams

The authority’s record since 2016 · every decision in 2024

  1. Notice upheld20 August 20263355071
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  2. Notice upheld20 August 20263355070
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  3. Notice upheld14 August 20263352131
    6 Broomborough Drive, Totnes, TQ9 5LT
  4. Split Decision30 April 20263351249
    Murtwell House, Diptford, Totnes, TQ9 7NQ
  5. Notice varied and upheld21 April 20263350137
    Land at Sx 786639, South Side of New Lane, Staverton, Devon, TQ7 3AA

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.