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Planning appeal decision

Dismissed27 May 20253359249

Sandy Way, Kerswell, CULLOMPTON, EX15 2EJ

the erection of a self-build dwelling

Authority
East Devon District Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Sims B

Main issues, as the Inspector framed them

  • the principle of the proposal with respect to current adopted planning policy regarding the location of development
  • the effect the proposed dwelling would have on the site and surrounding countryside
  • whether there are other material considerations in favour of the proposed development

What decided it

The unsustainable location of the site, unserved by public transport or accessible local community facilities, carrying substantial weight against the proposal and significantly and demonstrably outweighing the moderate benefits when assessed against the tilted balance test.

The moderate weight of supporting considerations (rural housing flexibility, brownfield status, housing contribution, and identified family need) was significantly and demonstrably outweighed by the substantial weight of the site's unsustainable location and lack of public transport and community facilities, applying the tilted balance under NPPF paragraph 11d.

Framework references: 11, 82, 83, 84

Plan policies cited: Strategic Policy 1, Strategic Policy 2, Strategic Policy 6, Strategic Policy 7, Policy D1

Judgments cited: Braintree DC v SSCLG & Granville Developments; Dartford BC v SSCLG & ORS

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.