6 The Byre, 6 Braddon Farm Cottages, Ashwater, Devon, EX21 5EP

Planning appeal 3353053 at 6 The Byre, 6 Braddon Farm Cottages, Ashwater, Devon, EX21 5EP (Torridge District Council) was allowed on 7 July 2026 by Inspector Moss J, by written representations. The main issue, as the Inspector framed it: Whether the lake on site has the benefit of the planning permission granted pursuant to application reference 1/1419/1990.

described in the LDC application as a use of an approved fishing lake for recreational fishing

Authority: Torridge District Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: leisure-sport · Major retail and services
Inspector: Moss J
Postcode: EX21 5EP

Main issues, as the Inspector framed them

Whether the lake on site has the benefit of the planning permission granted pursuant to application reference 1/1419/1990
If so, whether the 1990 Permission granted consent for the use of the land (including the lake) for recreational fishing
If so, whether these lawful use rights have been lost
In the alternative, whether the use of the land for recreational fishing has continued substantially uninterrupted for a period of 10 years or more

What decided it

The 1990 Permission explicitly stated the purpose as 'construction of a pond (for fishing)', which the Inspector found to be clear within the four corners of the decision notice and to permit recreational fishing as the primary use.

What the Inspector cited

Judgments: Turner v SSE & Macclesfield BC [1992] JPL 837

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.

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The decision letter

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What an account adds to this decision

3 other decided appeals within two kilometres of this site. In the app every dot opens its decision, and its letter wherever one was published, and you can draw your own site to see what has been decided around it.AllowedDismissedSplitThis decision

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More decisions in Torridge

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.