Barn Close Kennels, Combe Raleigh, HONITON, EX14 4SG

Authority: East Devon District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: other · Other minor developments
Inspector: Bale M

Main issues, as the Inspector framed them

Whether the digging of foundation trenches constitutes a lawful material start to planning permission ref. 7/54/02/P0677/00017
Whether the breach of condition 3 (failure to submit a pre-commencement landscaping scheme) is lawful by virtue of the 10-year rule

What decided it

The condition requiring pre-commencement landscaping approval does not go to the heart of the planning permission, and the breach occurred more than 10 years before the application, rendering both the foundation trenches and the condition breach lawful.

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Draw a red line around your site and the appraisal follows.
- Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
- Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
- Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
- Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.
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