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Planning appeal decision

Allowed27 April 20263348574

Alston Gate, Malborough, Kingsbridge, TQ7 3BT

Planning appeal 3348574 at Alston Gate, Malborough, Kingsbridge, TQ7 3BT (South Hams District Council) was allowed on 27 April 2026 by Inspector Jarratt P, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to grant a lawful development certificate was well-founded.

Existing use as commercial horticultural nursery and garden centre (Use Class E)

Authority
South Hams District Council
Appeal type
ldc · Lawful Development Certificate
Procedure
Written Representations
Development
other · Change of use
Inspector
Jarratt P
Postcode
TQ7 3BT

Main issues, as the Inspector framed them

  • Whether the Council's decision to refuse to grant a lawful development certificate was well-founded

What decided it

The use of the appeal site as a commercial horticultural nursery and garden centre has not been abandoned as a matter of law, as the site remains dormant rather than abandoned and no material change of use has occurred to extinguish the lawful permission.

What the Inspector cited

Judgments
Burdle & Williams v SoSE & New Forest DC [1972] 1 WLR 1207; Stone & Stone v SSCLG & Cornwall Council [2014] EWHC 1456 (Admin); Pioneer Aggregates (UK) LTD v SSE [1984] 2 All ER 358; Panton & Farmer v SSETR & Vale of White Horse DC [1999]; Hartley v MHLG [1970]; Trustees of Castell-y-Mynach Estate v Taff-Ely BC [1985]; Hughes v SSETR & South Holland DC [2000] JPL

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 South Hams

The authority’s record since 2016 · every decision in 2026

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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.

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.