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Quashed On Legal Grounds12 August 20253340837

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

Planning appeal 3340837 at Land at SX686 436, Easton Court Farm, Thurlestone, Devon, TQ7 3LP (South Hams District Council) was decided (quashed on legal grounds) on 12 August 2025 by Inspector Freer P, by written representations. The main issue, as the Inspector framed it: 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.

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.

The decision letter

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More decisions in South Hams

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

  1. Notice upheld20 August 20263355071
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  2. Notice upheld20 August 20263355070
    Land at Lower Washbourne Farm, Totnes, Devon, TQ9 7UE
  3. Notice upheld14 August 20263352131
    6 Broomborough Drive, Totnes, TQ9 5LT
  4. Split Decision30 April 20263351249
    Murtwell House, Diptford, Totnes, TQ9 7NQ
  5. Notice varied and upheld21 April 20263350137
    Land at Sx 786639, South Side of New Lane, Staverton, Devon, TQ7 3AA

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.