Bay View Farmers, Woolacombe, EX34 7HG

Planning appeal 3331786 at Bay View Farmers, Woolacombe, EX34 7HG (North Devon District Council) was dismissed on 7 May 2024 by Inspector King T, following an inquiry. The main issue, as the Inspector framed it: The main issue in this appeal is whether the Council's decision to refuse the LDC was well founded.

described as ‘Proposed siting (amended to use of the land for the stationing) of 167 touring caravans, static caravans, camper vans and tents, with the proportion of each unrestricted, for tourist accommodation

Authority: North Devon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Inquiry
Development: leisure-sport · Major traveller and caravan pitches
Inspector: King T
Postcode: EX34 7HG

Main issues, as the Inspector framed them

The main issue in this appeal is whether the Council's decision to refuse the LDC was well founded.

What decided it

The unrestricted proportion of unit types, permitting a substantial increase in static caravans beyond the single unit allowed under the existing lawful use, would amount to a material change in the definable character of the use.

What the Inspector cited

Judgments: R v Thanet DC and Kent International Airport plc ; ex p Tapp and Britton [2002] PLCR; Hertfordshire County Council v SSCLG and Metal and Waste Recycling Limited [2012] EWCA Civ 1473; Breckland DC v SSHCLG & Plum Tree Country Park [2020] EWHC 292 (Admin); Reed v SSCLG & Another [2014] EWCA Civ 24; Broxbourne BC v SSE [1979] JPL 308; Waltham Forest LBC v SSETR & Tully [2002] EWCA Civ 330; Barton Park Estates Ltd v SSCLG and Dartmouth National Park Authority [2022] EWCA Civ 833; St Anne's Court Dorset Ltd v SSHCLG & Anor [2021] EWHC 2954

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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8 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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

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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.