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Planning appeal decision

Notice varied and upheld18 December 20243331782

Land at Sx 782 599, Moreleigh Road , Harbertonford , Devon , TQ9 7TS

Planning appeal 3331782 at Land at Sx 782 599, Moreleigh Road , Harbertonford , Devon , TQ9 7TS (South Hams District Council) was allowed in part (a split decision) on 18 December 2024 by Inspector Harwood A, by written representations. The main issue, as the Inspector framed it: Whether at the date the notice was issued, enforcement action could be taken with respect to the development enforced against, having regard to the four-year time limit for operational development.

Without planning permission, operational development in the form of the erection of a timber building

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Harwood A
Postcode
TQ9 7TS

Main issues, as the Inspector framed them

  • Whether at the date the notice was issued, enforcement action could be taken with respect to the development enforced against, having regard to the four-year time limit for operational development
  • Whether the period specified in the notice falls short of what should reasonably be allowed

What decided it

The building had not been substantially completed by 21 September 2019, the material date four years before the enforcement notice was issued, as essential internal amenities and finishes were demonstrably incomplete at that time.

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.

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