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Allowed5 August 20243333743

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

Planning appeal 3333743 at Barn Close Kennels, Combe Raleigh, Honiton, EX14 4SG (East Devon District Council) was allowed on 5 August 2024 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the digging of foundation trenches constitutes a lawful material start to planning permission ref. 7/54/02/P0677/00017.

Digging of trenches required for foundations of workshop & staff accommodation for use with kennels and cattery, and breach of condition 3 requiring pre-commencement landscaping scheme

Authority
East Devon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Other minor developments
Inspector
Bale M
Postcode
EX14 4SG

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.

The decision letter

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More decisions in East Devon

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.

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