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Notice varied and upheld22 December 20253351332

Land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ

Planning appeal 3351332 at Land Adjacent to 4 Oakleigh, Battle Street, Clayhidon, Devon, EX15 3TQ (Mid Devon District Council) was allowed in part (a split decision) on 22 December 2025 by Inspector Howell M, by written representations. The main issue, as the Inspector framed it: Whether the requirements of the enforcement notice exceed what is necessary to remedy the breach of planning control.

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 decision letter

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More decisions in Mid Devon

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

  1. Notice varied and upheld29 January 20263340220
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  2. Notice varied and upheld29 January 20263340219
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  3. Notice varied and upheld29 January 20263340213
    Church Lea Old Village, Willand, Cullompton, EX15 2RH
  4. Notice upheld19 January 20263351481
    Woodah Wood, Eggesford, Devon, EX18 7ER
  5. Notice varied and upheld10 December 20253368147
    Land at Ngr 305111 111808 , (Adj. Pleasant Streams), Uffculme, Devon, EX15 3DA

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.

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