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Planning appeal decision

Notice upheld6 December 20233318387

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.

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.