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Notice upheld6 December 20233318387

Land at Nutaberry Hill, Upton Road, Bideford , Devon, EX39 4EA

Planning appeal 3318387 at Land at Nutaberry Hill, Upton Road, Bideford , Devon, EX39 4EA (Torridge District Council) was dismissed on 6 December 2023 by Inspector Bond V, by written representations. The main issue, as the Inspector framed it: Whether the wooden structure constitutes operational development requiring planning permission under section 55 of the Town and Country Planning Act 1990.

Without planning permission and within the last four years, operational development of the land consisting of the construction of a wooden structure the approximate location of which is identified by the blue rectangle on the attached plan (Appendix A) and shown as image 1 in the attached Appendix B

Authority
Torridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Not Applicable
Inspector
Bond V
Postcode
EX39 4EA

Main issues, as the Inspector framed them

  • Whether the wooden structure constitutes operational development requiring planning permission under section 55 of the Town and Country Planning Act 1990
  • Whether the structure would have benefitted from permitted development rights under Schedule 2, Part 1 Class E of the Town and Country Planning (General Permitted Development) (England) Order 2015

What decided it

The appeal structure did not fall within the curtilage of the residential property and therefore could not benefit from permitted development rights under Class E of the GPDO, meaning it required planning permission which was not obtained.

The decision letter

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More decisions in Torridge

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

  1. Dismissed30 July 20263375548
    The Big Sheep, Abbotsham, Bideford, EX39 5AP
  2. Planning permission granted18 February 20263356368
    Outbuilding Within Rear Garden, Clinton House, Sheepwash, Devon, EX21 5NQ
  3. Allowed3 December 20253352946
    Bowood Farm, Roborough, Winkleigh, Devon, EX19 8TE
  4. Quashed On Legal Grounds28 August 20253353988
    Meddon, Hartland, EX39 6HB
  5. Notice varied and upheld29 April 20253340537
    Follyfoot Equestrian Centre Sandymere Rd, Sandymere Rd, Northam, Devon, EX39 1XR

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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