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Planning appeal decision

Dismissed16 January 20263339119

The Olde Dairy, Awliscombe, Honiton, EX14 3QB

Planning appeal 3339119 at The Olde Dairy, Awliscombe, Honiton, EX14 3QB (East Devon District Council) was dismissed on 16 January 2026 by Inspector McGlone A, by written representations. The main issue, as the Inspector framed it: Whether the appellant can show, on the balance of probabilities, that The Olde Dairy has been in use as an independent dwelling house for a continuous period of four years in breach of a planning condition, and as such, the time for enforcement action has expired or for any other reason.

Certificate of lawful use or development for the use of the building known as 'The Olde Dairy' as an independent dwelling

Authority
East Devon District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
McGlone A
Postcode
EX14 3QB

Main issues, as the Inspector framed them

  • Whether the appellant can show, on the balance of probabilities, that The Olde Dairy has been in use as an independent dwelling house for a continuous period of four years in breach of a planning condition, and as such, the time for enforcement action has expired or for any other reason

What decided it

The planning condition 2 restricted occupation of The Olde Dairy to the appellants as an annexe to Threshayes, and the functional relationship between the two buildings as a single planning unit was maintained throughout the occupation period, therefore no breach of condition occurred and no independent dwelling use was established.

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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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