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Planning appeal decision

Notice varied and upheld3 December 20243340351

The Haven, 37 Hamilton Close , Bideford, EX39 3DS

Planning appeal 3340351 at The Haven, 37 Hamilton Close , Bideford, EX39 3DS (Torridge District Council) was allowed in part (a split decision) on 3 December 2024 by Inspector Bale M, following a hearing. The main issue, as the Inspector framed it: whether items are stored on the land in connection with its lawful use, either for agriculture, or in connection with a planning permission for residential development.

Change of use of the Land from agricultural to a mixed use of storage (B8) and agricultural

Authority
Torridge District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Hearing
Development
employment-industrial · Change of use
Inspector
Bale M
Postcode
EX39 3DS

Main issues, as the Inspector framed them

  • whether items are stored on the land in connection with its lawful use, either for agriculture, or in connection with a planning permission for residential development
  • whether, at the date when the Notice was issued, no enforcement action could be taken in respect of any breach of planning control which may be constituted by the matters alleged

What decided it

The appellant failed to prove, on the balance of probabilities, that the items stored on the Land were genuinely connected to its lawful agricultural or residential development use, establishing an unauthorised mixed use.

What the Inspector cited

Judgments
Hillside Parks Ltd v Snowdonia National Park Authority [2022] UKSC 30; R (Allsop) v Derbyshire Dales District Council [2012] EWHC 3562 (Admin); Mansi v Elstree Rural District Council [1964] 16 P.& C.R. 153

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.

See how each was applied

The decision letter

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More decisions in Torridge

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

  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.

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.