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Planning appeal decision

Notice varied and upheld14 March 20253337740

Winnie’s Wood (Wishtree Agroforestry & Permaculture Centre), Black Torrington, Beaworthy, EX21 5JN

Planning appeal 3337740 at Winnie’s Wood (Wishtree Agroforestry & Permaculture Centre), Black Torrington, Beaworthy, EX21 5JN (Torridge District Council) was allowed in part (a split decision) on 14 March 2025 by Inspector Bale M, by written representations. The main issue, as the Inspector framed it: Whether the matters alleged in the enforcement notice constitute a breach of planning control, specifically whether planning permission for the dwelling was granted through the provisions of Section 173(11) of the Town and Country Planning Act 1990.

Without planning permission: (i) Without planning permission and within the last 4 years, the construction of a dwelling (attached as Appendix A1). [sic.]

Authority
Torridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Bale M
Postcode
EX21 5JN

Main issues, as the Inspector framed them

  • Whether the matters alleged in the enforcement notice constitute a breach of planning control, specifically whether planning permission for the dwelling was granted through the provisions of Section 173(11) of the Town and Country Planning Act 1990

What decided it

The dwelling was an entirely separate act of operational development that caused the residential use, rather than being ancillary or secondary to the material change of use targeted by the 2022 enforcement notice, and therefore the 2022 Notice could not have required its removal, meaning no planning permission was granted under Section 173(11).

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More decisions in Torridge

The authority’s record since 2016 · every decision in 2025

  1. Dismissed30 July 20263375548
    The Big Sheep, Abbotsham, Bideford, EX39 5AP
  2. Planning permission granted18 February 20263356368
    Outbuilding Within Rear Garden, Clinton House, Sheepwash, Devon, EX21 5NQ
  3. Allowed3 December 20253352946
    Bowood Farm, Roborough, Winkleigh, Devon, EX19 8TE
  4. Quashed On Legal Grounds28 August 20253353988
    Meddon, Hartland, EX39 6HB
  5. Notice varied and upheld29 April 20253340537
    Follyfoot Equestrian Centre Sandymere Rd, Sandymere Rd, Northam, Devon, EX39 1XR

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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