Leigh Haven, Road From Leigh Cross To West Sidborough, Loxbeare, Devon, EX16 8DA

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

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.

Framework references: 11, 57, 84

Plan policies cited: Policy S1, Policy S2, Policy S14, Policy DM8

Judgments cited: Thomas v NAW and Monmouthshire CC 1999

Read the decision letter on the Inspectorate’s site

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What an account adds

Draw a red line around your site and the appraisal follows.

Heritage. Listed buildings by grade and distance, conservation areas, scheduled monuments, registered parks and gardens, heritage at risk.
Landscape and environment. Green belt, national parks and national landscapes, SSSIs, ancient woodland, SPA, SAC and Ramsar sites, nutrient catchments.
Flooding. Flood zones 2 and 3, surface water, and both again with climate change.
Transport. The 800 metre station catchment and service frequency, bus stops with their weekday frequency, the cycle network, and the Framework’s transport tests measured for the site.

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