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Dismissed24 May 20243321677

Tytherleigh Bathrooms and Farm Shop, Tytherleigh, EX13 7BE

Planning appeal 3321677 at Tytherleigh Bathrooms and Farm Shop, Tytherleigh, EX13 7BE (East Devon District Council) was dismissed on 24 May 2024 by Inspector Worley E, by written representations. The main issue, as the Inspector framed it: the effect of the proposed development on the character and appearance of the area with specific regard to trees.

the construction of 5 no. dwellings, means of access and associated works

Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Worley E
Postcode
EX13 7BE

Main issues, as the Inspector framed them

  • the effect of the proposed development on the character and appearance of the area with specific regard to trees
  • whether the development would be in a suitable location, with particular regard to development plan policies and accessibility to services and facilities
  • whether the proposal would include appropriate measures for surface water drainage
  • the effect of the development on the integrity of the River Axe Special Area of Conservation

What decided it

The absence of a strategic mitigation scheme to address the adverse effect on the River Axe SAC through nutrient neutrality, combined with harm to character and appearance through tree loss and the location in open countryside, provided clear reasons for refusal that the housing supply shortfall could not overcome.

The benefits of brownfield reuse, housing provision and rural community vitality were outweighed by harm to character and appearance, conflict with countryside protection policies, and the likely adverse effect on the River Axe SAC integrity, such that the presumption in favour of sustainable development did not apply.

What the Inspector cited

Development plan policies
Strategy 7Strategy 5BPolicy TC2Policy D1Policy D2Policy D3Policy EN22Strategy 3Strategy 5Strategy 47Policy EN5Policy CPNP 04Policy CPNP 01
National Planning Policy Framework
Paragraph 11

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.

See how each was applied

The decision letter

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More decisions in East Devon

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

  1. Allowed19 October 20266007622
    1 Jennings Gardens, Tithebarn, Exeter, EX1 4BL
  2. Dismissed7 October 20266003095
    Land at Newlands Farm, Land North West of B3165, Axminster, EX13 5SF
  3. Dismissed13 August 20263369854
    Land Just South of Hazlehurst, Raymonds Hill, Axminster, Devon, EX13 5UH
  4. Allowed10 July 20266005764
    Land North East of Parkfield Cottages, Pink House Corner, Lympstone, EX8 5AH
  5. Allowed10 July 20266004696
    10 Marine Parade, Budleigh Salterton, EX9 6NS

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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.