®Planning appeal decision
Road from Haye Down to Sportman's Cross, Haye Down, PL19 0NN
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
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 main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.