Little Silver Quarry, Muddiford, Barnstaple, EX31 4HQ

Planning appeal 3358896 at Little Silver Quarry, Muddiford, Barnstaple, EX31 4HQ (North Devon District Council) was allowed in part (a split decision) on 27 May 2025 by Inspector Curnow R, following a hearing. The main issue, as the Inspector framed it: Is there an essential need for a full-time residential presence on the land?.

Without planning permission within the last 10 years unauthorised change of use of land to residential use including the storage and residential use of mobile homes on the land

Authority: North Devon District Council
Appeal type: enforcement · Enforcement Notice
Procedure: Hearing
Development: residential · Change of use
Inspector: Curnow R
Postcode: EX31 4HQ

Main issues, as the Inspector framed them

Is there an essential need for a full-time residential presence on the land?
Whether the site is in a sustainable location in terms of access to services and facilities?

What decided it

A functional need for a full-time residential presence was proven for only one dwelling under Policy DM28/the SPD, with no justification demonstrated for the other three units in an unsustainable rural location.

Although the tilted balance was engaged due to the lack of a 5YHLS, the adverse impacts of retaining three unjustified residential units in a poorly sustainable location significantly and demonstrably outweighed the benefits, while the benefits of one dwelling meeting a proven functional need outweighed the sustainability concerns and accorded with the development plan.

What the Inspector cited

Development plan policies: Policy ST07Policy DM28
National Planning Policy Framework: Paragraph 11
Judgments: Burdle & Williams v SSE & New Forest DC [1972] 1 WLR 1207

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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More decisions in North Devon

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

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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.