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

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

Authority: Mid Devon District Council
Appeal type: minor · Planning Appeal
Procedure: Hearing
Development: agricultural · Minor Dwellings
Inspector: Marigold O

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.

Framework references: 56, 84

Plan policies cited: Policy S14, Policy DM8

Judgments cited: R (Ocado Retail Ltd) v Islington LBC [2021] EWHC 1509 (Admin); Castell-y-Mynach Estate v Secretary of State for Wales [1985] JPL 40

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