®Planning appeal decision
Leigh Haven, Road From Leigh Cross To West Sidborough, Loxbeare, Devon, EX16 8DA
Planning appeal 3368847 at Leigh Haven, Road From Leigh Cross To West Sidborough, Loxbeare, Devon, EX16 8DA (Mid Devon District Council) was dismissed on 2 December 2025 by Inspector Leonard S, by written representations. The main issue, as the Inspector framed it: Whether the disputed occupancy condition is necessary and reasonable, having regard to local and national planning policies which seek to restrict housing development in the countryside.
dwelling and garage without complying with a condition attached to planning permission Ref EN.12164/X, dated 4 December 1973
- Authority
- Mid Devon District Council
- Appeal type
- minor · Planning Appeal
- Procedure
- Written Representations
- Development
- residential · Minor Dwellings
- Inspector
- Leonard S
- Postcode
- EX16 8DA
Main issues, as the Inspector framed them
- Whether the disputed occupancy condition is necessary and reasonable, having regard to local and national planning policies which seek to restrict housing development in the countryside
What decided it
The appellant failed to provide sufficient evidence to demonstrate that the occupancy condition is no longer necessary or reasonable, particularly in relation to the requirements of Policy DM8 regarding marketing, pricing analysis, and assessment of local demand for rural dwellings.
The minimal social and economic benefits of removing the occupancy condition and converting the dwelling to open-market use were significantly and demonstrably outweighed by the significant harm arising from undermining the spatial strategy and sustainable development objectives of the development plan and Framework.
What the Inspector cited
- Development plan policies
- Policy S1Policy S2Policy S14Policy DM8
- National Planning Policy Framework
- Paragraph 11Paragraph 57Paragraph 84
- Judgments
- Thomas v NAW and Monmouthshire CC 1999
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.
See how each was appliedThe decision letter
Town Planner Pro holds this letter. The Appeals plan opens it and every other letter we hold, all of them searchable, with the main issues and what decided each case picked out. We do not show letters on the free site because they carry people’s names and addresses.
With an account
What an account adds to this decision
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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.