®Planning appeal decision
Land Adjoining Huntsland Farm being Valley View Paddock, Church Hill, Pinhoe, EXETER, EX4 9JJ
Without planning permission, the carrying out of unauthorised operational development and the material change of use of Land from agricultural use to a mixed use of agriculture and residential and storage by virtue of: A) the unauthorised change of use of a barn to use as a single dwellinghouse and erection of an ancillary building on the Land whose approximate positions are shown edged in blue on the enclosed Location Plan; B) the siting and storage of a single decker bus on the Land whose approximate position is shown edged in purple on the enclosed Location Plan; and C) the siting of other non-agricultural items on the Land (including a glass covered notice board whose approximate position is shown edged in green on the enclosed Location Plan)
- Authority
- East Devon District Council
- Appeal type
- enforcement · Enforcement Notice
- Procedure
- Inquiry
- Development
- residential · Change of use
- Inspector
- Graham J
Main issues, as the Inspector framed them
- The appeal on grounds (b) and (c)
- The appeal on ground (d)
- The appeal on ground (f)
What decided it
The extant and unchallenged 2019 enforcement notice, which independently and permanently required cessation of residential use of the land and removal of the bus, meant the current breaches could not be regularised regardless of the merits argued under grounds (c) and (d).
The Inspector weighed the Appellant's Article 8 rights and personal circumstances (age, disruption, animal welfare) against the public interest in upholding the enforcement notice and the operation of the planning system, concluding that a nine-month compliance period struck a proportionate balance.
Judgments cited: First Secretary of State v Arun DC and ors [2006] EWCA Civ 1172; R v Secretary of State for the Environment ex parte Ostler [1977] Q.B 122; Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co Ltd [1949] 1QB 385; Skerrits of Nottingham Ltd v SSETR (No. 2) [2000] 2 PLR 102; Staffordshire CC v Challinor & Robinson [2007] EWCA Civ 864; [2008] JPL 392
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.