Land at SX686 436, Easton Court Farm, Thurlestone, Devon, TQ7 3LP

a breach of condition 3 of planning permission 3321/20/FUL – failure to comply with planting and landscaping referenced in Plating Plan Drawing No 410 PP 01 Rev B revision C

Authority: South Hams District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Written Representations
Development: telecoms · Major retail and services
Inspector: Freer P

Main issues, as the Inspector framed them

Whether the enforcement notice as drafted serves a useful purpose and is capable of being complied with given that the approved landscaping scheme cannot now be implemented due to changes made to the land

What decided it

The enforcement notice as drafted does not serve a useful purpose because it requires compliance with an impossible condition without specifying any consequence for non-compliance, and the Inspector cannot vary it to impose removal of the mast without causing injustice to the appellant.

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