Planning appeal decision
Land at Nutaberry Hill, Upton Road, Bideford , Devon, EX39 4EA
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
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 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.
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