®Planning appeal decision
land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ
the formation of new vehicular access, erection of an access gate and laying of hard surfaced track without the benefit of planning permission and planning permission having been refused under planning application 18/01914/FULL for the formation of agricultural access following removal of 10m hedgerow
- Authority
- Mid Devon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Written Representations
- Development
- other · Other minor developments
- Inspector
- Howell M
Main issues, as the Inspector framed them
- Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control
- Whether the period specified in the notice for compliance falls short of what would reasonably be allowed
What decided it
The requirement for hedgerow replacement if plants failed within five years exceeded the scope of enforcement action under section 173(4)(a) of the 1990 Act, which is limited to remedying the breach or restoring land to its previous condition, and the four-month compliance period was impractical given the appellant's livestock management needs.
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.