Road From Haye Down to Sportman's Cross, Haye Down, PL19 0NN

Planning appeal 3341622 at Road From Haye Down to Sportman's Cross, Haye Down, PL19 0NN (West Devon Borough Council) was dismissed on 15 August 2024 by Inspector Douglas L, following an inquiry. The main issue, as the Inspector framed it: Ground (d): whether the appellants can demonstrate, on the balance of probabilities, that the change of use to a dwelling took place at least 4 years before enforcement action was taken and that the use continued substantially uninterrupted throughout that period.

Within the last 4 years and without planning permission, a material change of use of the stable block on the Land from equestrian use to use as a single dwelling-house

Authority: West Devon Borough Council
Appeal type: enforcement · Enforcement Notice
Procedure: Inquiry
Development: residential · Change of use
Inspector: Douglas L
Postcode: PL19 0NN

Main issues, as the Inspector framed them

Ground (d): whether the appellants can demonstrate, on the balance of probabilities, that the change of use to a dwelling took place at least 4 years before enforcement action was taken and that the use continued substantially uninterrupted throughout that period
Ground (g): whether 12 months falls short of what should reasonably be allowed for compliance with the notice

What decided it

The appellants' evidence on the timing and continuity of the residential use was not sufficiently precise and unambiguous, and was undermined by inconsistencies and previously submitted false evidence, so ground (d) failed and the notice was upheld.

the Inspector found no harm caused by a 12-month compliance period that could be outweighed by any benefits of a longer period, so the balance did not favour extending the compliance period

The decision letter

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

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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.