Planning appeal decision
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.
See how each was appliedThe decision letter
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More decisions in North Devon
The authority’s record since 2016 · every decision in 2024
- Dismissed7 August 20266008489Quiet Waters, Atherington, EX37 9HZ
- Dismissed17 February 20266001074St Anthony, Putsborough, Braunton, Devon, EX33 1LD
- Dismissed21 October 202533700269 Europa Park, Woolacombe Station Road, Woolacombe, EX34 7AN
- Allowed1 October 20243343651Higher Mullacott, Road From St Brannocks Road to Mullacott Cross Roundabout, Ilfracombe, Devon, EX34 8NA
- Dismissed8 December 20233315932Loscombe Farm, Road From Lower Mattocks Down To East Down, East Down, Devon, EX31 4NA
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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