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Planning appeal decision

Notice varied and upheld10 January 20243326128

Goodamoor Farm, Ledgate Lane, Sparkwell, Plymouth, Devon, PL7 5FB

Planning appeal 3326128 at Goodamoor Farm, Ledgate Lane, Sparkwell, Plymouth, Devon, PL7 5FB (South Hams District Council) was allowed in part (a split decision) on 10 January 2024 by Inspector Madge M, following an inquiry.

without planning permission, the material change of use of the Building from agricultural use to a mixed residential and agricultural use

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Inquiry
Development
residential · Change of use
Inspector
Madge M
Postcode
PL7 5FB

What decided it

The finding that Goodamoor Farm (including the Mezzanine Area) constituted a single planning unit in mixed use, meaning the residential element could not be a separate lawful dwellinghouse and had not achieved immunity through time.

the public interest in enabling the timely resumption of tungsten extraction at Hemerdon Mine outweighed the appellants' personal circumstances in seeking a 12-month rather than 3-month compliance period

What the Inspector cited

Judgments
Burdle v SSE [1972] 1 WLR 1207 (Div Court); Wealden DC v SSE [1983] JPL 234; Ahmed v SSCLG [2014] 2 EGLR 197; SSETR v Wyatt Brothers (Oxford) Ltd [2001] EWCA Civ 1560; Kwik Save Discount Group Ltd v SSW; Kwik Save Discount Group Ltd v SSE (1981) 42 P. & C.R. 166

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 South Hams

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

  1. Notice upheld20 August 20263355071
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  2. Notice upheld20 August 20263355070
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  3. Notice upheld14 August 20263352131
    6 Broomborough Drive, Totnes, TQ9 5LT
  4. Split Decision30 April 20263351249
    Murtwell House, Diptford, Totnes, TQ9 7NQ
  5. Notice varied and upheld21 April 20263350137
    Land at Sx 786639, South Side of New Lane, Staverton, Devon, TQ7 3AA

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.