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Allowed19 November 20243334670

Red Linhay, Crown Hill, Halbarton, Devon, EX16 7AY

Planning appeal 3334670 at Red Linhay, Crown Hill, Halbarton, Devon, EX16 7AY (Mid Devon District Council) was allowed on 19 November 2024 by Inspector Reeves K, by written representations. The main issue, as the Inspector framed it: Whether disputed condition 13 is reasonable and necessary in the interests of living conditions of the occupiers of neighbouring properties, with particular regard to noise.

Variation of condition 13 of planning permission 22/00868/MFUL relating to noise assessment for a 500kW anaerobic digester and associated works with two silage clamps

Authority
Mid Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
utilities-energy · Minor general industry/storage/warehousing
Inspector
Reeves K
Postcode
EX16 7AY

Main issues, as the Inspector framed them

  • Whether disputed condition 13 is reasonable and necessary in the interests of living conditions of the occupiers of neighbouring properties, with particular regard to noise

What decided it

The one-month time limit for carrying out and submitting the noise assessment was unreasonable given the practical constraints of commissioning a qualified consultant, weather dependency, and the need for adequate equipment positioning time, necessitating variation to three months.

What the Inspector cited

Development plan policies
Policy DM4 of the Mid Devon Local Plan 2013-2033

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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More decisions in Mid Devon

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

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  5. Dismissed19 May 20223271901
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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.

In the app this decision sits on the map beside every appeal around it, with its letter to read and the main issues, policies and judgments cited picked out.