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Allowed21 March 20243325463

Exeridge Farmhouse, Exeridge Farm Road From Hamslade Cross To Oakford Bridge, Bampton, Devon, EX16 9JA

Planning appeal 3325463 at Exeridge Farmhouse, Exeridge Farm Road From Hamslade Cross To Oakford Bridge, Bampton, Devon, EX16 9JA (Mid Devon District Council) was allowed on 21 March 2024 by Inspector Marigold O, following a hearing. The main issue, as the Inspector framed it: Whether condition (e) is enforceable and necessary, having regard to planning policies which seek to restrict housing development in the countryside.

the erection of a farmhouse at Part O.S. 7352, Valeridge, Oakford Bridge, Oakford without complying with a condition attached to planning permission Ref 4/39/80/1078, dated 17 June 1980

Appeal type
minor · Planning Appeal
Procedure
Hearing
Development
agricultural · Minor Dwellings
Inspector
Marigold O
Postcode
EX16 9JA

Main issues, as the Inspector framed them

  • Whether condition (e) is enforceable and necessary, having regard to planning policies which seek to restrict housing development in the countryside

What decided it

Condition (e) was found to be unenforceable in practice, which meant it could not lawfully be retained under Framework paragraph 56 regardless of its policy necessity.

What the Inspector cited

Development plan policies
Policy S14Policy DM8
National Planning Policy Framework
Paragraph 56Paragraph 84
Judgments
R (Ocado Retail Ltd) v Islington LBC [2021] EWHC 1509 (Admin); Castell-y-Mynach Estate v Secretary of State for Wales [1985] JPL 40

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 Mid Devon

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

  1. Notice varied and upheld29 January 20263340220
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  2. Notice varied and upheld29 January 20263340219
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  3. Notice varied and upheld29 January 20263340213
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  4. Notice upheld19 January 20263351481
    Woodah Wood, Eggesford, Devon, EX18 7ER
  5. Notice varied and upheld22 December 20253351332
    Land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ

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.