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Notice varied and upheld30 January 20243318156

Land At Willetts and Paulls Copse, Chilworthy Lane, Peasmarsh, Ilminster, Somerset , TA10 0SH

Planning appeal 3318156 at Land At Willetts and Paulls Copse, Chilworthy Lane, Peasmarsh, Ilminster, Somerset , TA10 0SH (South Somerset District Council *) was allowed in part (a split decision) on 30 January 2024 by Inspector Graham J, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the notice have occurred (ground b).

Without planning permission (1) the material change of use of the land from forestry to a mixed use of forestry and domestic leisure use by the siting of a trailer mounted timber structure, wooden compost toilet and importation and deposit of hardcore, and (2) the unauthorised operational development consisting of a wooden compost toilet building, structures used for the storage of items such as a tractor, quad bike and wood chipper and other associated equipment and the laying of a hardstanding area

Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Graham J
Postcode
TA10 0SH

Main issues, as the Inspector framed them

  • Whether the matters alleged in the notice have occurred (ground b)
  • Whether the matters alleged constitute a breach of planning control and whether they constitute permitted development (ground c)
  • Whether the enforcement notice was issued within the time limit for taking enforcement action (ground d)
  • The effect of the development on the natural environment and character of the appeal site, which is designated Ancient Woodland (ground a)

What decided it

The material change of use to mixed forestry and domestic leisure use, facilitated by structures that adversely affected the Ancient Woodland's ecosystem through soil compaction and loss of native shrub and ground flora, conflicts with NPPF paragraph 186 and local plan policies protecting ancient woodland, with no wholly exceptional reasons to justify the development.

What the Inspector cited

Development plan policies
Policy EQ4Policy EQ6
National Planning Policy Framework
Paragraph 186

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.

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The decision letter

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More decisions in South Somerset District Council

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

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  3. Quashed On Legal Grounds22 January 20243315003
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  4. Notice varied and upheld13 December 20233309153
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  5. Notice varied and upheld27 November 20233309700
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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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