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Allowed21 June 20243326235

Former Dairy Crest Site, Totnes, TQ9 5JR

Planning appeal 3326235 at Former Dairy Crest Site, Totnes, TQ9 5JR (South Hams District Council) was allowed on 21 June 2024 by Inspector Nicholls H, following an inquiry. The main issue, as the Inspector framed it: the implications of the appeal site's planning history.

Hybrid planning application for mixed use development comprising: outline application with some matters reserved for mixed use re-development site comprising circa 80 Residential Units, circa 1100sqm commercial space, demolition of existing structures excluding Brunel Building & chimney, provision of open space & surface water attenuation, parking & associated infrastructure; full permission for the change of use of the Brunel Building to community uses (use classes F1/F2)

Authority
South Hams District Council
Appeal type
major · Planning Appeal
Procedure
Inquiry
Development
residential · Major dwellings
Inspector
Nicholls H
Postcode
TQ9 5JR

Main issues, as the Inspector framed them

  • the implications of the appeal site's planning history
  • whether the economic viability of the scheme is a relevant material consideration, and if so, the implications for the appeal scheme
  • whether the vacant buildings credit (VBC) could apply, and if so, whether its application would render the scheme in conflict with the development plan
  • whether the allotments, sports pitches and play space should be on site, or if contributions should be paid in lieu of the same

What decided it

The Inspector's conclusion that, once the VBC and open space issues were resolved, the scheme complied with the development plan as a whole, and no other material consideration outweighed that compliance.

planning history, economic viability and the potential alternative Atmos Scheme were material considerations that fell short of outweighing the scheme's compliance with the development plan, so permission was granted

What the Inspector cited

Development plan policies
Policy DEV4Policy DEV8Policy DEV9Policy DEV19Policy DEV21Policy DEV27Policy DEV29Policy DEV32Policy SPT9Policy C2Policy C4Policy EC2Policy TTV22Proposal T4
National Planning Policy Framework
Paragraph 55Paragraph 58
Judgments
SSE v Hughes 80 P&CR 397; St Modwen Developments Ltd v SSCLG [2018] EWCA Civ 1643; R Samuel Smith Old Brewery (Tadcaster)) V North Yorkshire CC [2020] USSC 3; Sovmots Investments Ltd v SSE [1977] QB 411; R (Wright) v Resilient Energy Severndale Ltd [2019] UKSC53; [2019] 1 WLR 6562; R (Save Stonehenge World Heritage Site Ltd, R (on the application of) v Secretary of State for Transport [2021] EWHC 2161 (Admin) (2021); Trusthouse Forte Hotels Ltd v SSE (1986) 53 P & CR; SoS & Anor v Sainsburys Supermarkets Ltd [2007] EWCA Civ 1083 (2007)

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 South Hams

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

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  5. Allowed16 January 20253344593
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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.