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Planning appeal decision

Notice varied and upheld30 January 20243318156

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

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

Authority
South Somerset District Council *
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Change of use
Inspector
Graham J

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.

Framework references: 186

Plan policies cited: Policy EQ4, Policy EQ6

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.