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Dismissed6 November 20233321953

Devon Oaks Holiday Park, Devon Oaks , Bedford Bridge, Devon, PL20 7RY

Planning appeal 3321953 at Devon Oaks Holiday Park, Devon Oaks , Bedford Bridge, Devon, PL20 7RY (Dartmoor) was dismissed on 6 November 2023 by Inspector Harbottle M, following an inquiry. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue an LDC was well-founded, which turns on whether the use of the appeal site by alteration of the number of caravans from 9 residential, 18 holiday, 30 touring caravans and 16 chalets, to 18 residential, 36 holiday, 30 touring and up to 16 chalets would have been lawful if instituted on the date of the application.

Alteration to number of caravans from 9 residential, 18 holiday, 30 touring caravans and 16 chalets, to 18 residential, 36 holiday, 30 touring and up to 16 chalets

Authority
Dartmoor
Appeal type
ldc · Lawful Development Certificate
Procedure
Inquiry
Development
caravan-gypsy · Minor traveller and caravan pitches
Inspector
Harbottle M
Postcode
PL20 7RY

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to issue an LDC was well-founded, which turns on whether the use of the appeal site by alteration of the number of caravans from 9 residential, 18 holiday, 30 touring caravans and 16 chalets, to 18 residential, 36 holiday, 30 touring and up to 16 chalets would have been lawful if instituted on the date of the application

What decided it

The proposed increase and remix of static caravans would bring about a substantial and fundamental change in the definable character of the use of the holiday park, amounting to a material change of use beyond the scope of the 1987 permission.

What the Inspector cited

Judgments
Barton Park Estates Ltd v SSHCLG & Dartmoor NPA [2022] EWCA Civ 833; I'm Your Man Ltd v SSE (1999) 77 P&CR 251; Cotswold Grange Country Park LLP v SSCLG & Tewkesbury DC [2014] EWHC 1138 (Admin)

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.

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The decision letter

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More decisions in Dartmoor

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

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    The Cabin , Merrifield Road, Buckfastleigh, Devon, TQ11 0HE
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  3. Notice varied and upheld30 December 20243343435
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  4. Planning permission granted4 April 20243326723
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  5. Allowed18 January 20233296766
    Brambleside, Lydford, Dartmoor, Devon, EX20 4AU

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.