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Planning appeal decision

Notice varied and upheld17 December 20253355534

Green Vale, Modbury, IVYBRIDGE, PL21 0SR

described in the application is: Retention of Bungalow as annex for ancillary purposes

Authority
South Hams District Council
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
residential · Householder developments
Inspector
Harwood A

Main issues, as the Inspector framed them

  • Whether the condition requiring demolition of the bungalow meets the tests for planning conditions, particularly whether it remains necessary with respect to the use of the building as an annexe for ancillary purposes to the occupation of the main house
  • Whether the condition remains necessary with respect to the risks of flooding from the nearby stream and whether it is necessary to consider sequentially preferable sites at lower risk

What decided it

The bungalow's intimate functional and physical relationship with the main dwelling and its occupation by the same family unit means it forms part of a single planning unit and can lawfully be retained as ancillary accommodation subject to a restrictive condition, making the original demolition condition unnecessary.

Framework references: 62

Plan policies cited: Policy DEV10, Policy DEV35, Policy MNP2

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.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.