South Fork, Land at NGR 310236 115114, Culmstock, Devon, EX15 3HW

Main issues, as the Inspector framed them

• A preliminary question arising in the appeals against the notice under ground (b) is whether the matters alleged by the notice have in fact occurred
• The impact of the development on the character and appearance of the area, including the Blackdown Hills National Landscape, is the main issue in the appeals
• The question of consistency in decision making, or what material change in circumstances has arisen that would justify a decision inconsistent with that of the previous Inspector
• If the notice is to be upheld, whether the 12 months given for compliance is too short

What decided it

The re-siting of the mobile home and touring caravan to parts of the site making little contribution to the setting of the Blackdown Hills National Landscape meant the development did not conflict with Policy DM7 or harm the protected landscape.

The absence of unacceptable landscape, ecological or flood risk impacts and overall compliance with Policy DM7 outweighed the limited adverse weight attributable to the intentional unauthorised nature of the development, such that no material considerations justified departing from the development plan.